jld4444
recently joined
Reged: 02/23/13
Posts: 2
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Hello, wondering if anyone on here can help. We live in NC, and my son's father (& my ex-husband) was court-mandated to a 2-year rehab for violating supervised probation on a drug charge. Incredibly, the case worker told me that they cannot touch him while he's in rehab. So he gets arrested, violates probation, gets a tax-funded 2-year ride in rehab, doesn't have to pay child support, and has no arrears backing up. Does anyone know if this is really the law, or if the case worker is off? I would really appreciate it. Thank you :-)
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MinnesotaMom
member
Reged: 01/05/11
Posts: 191
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This is typical....good luck ever collecting anything. The "magic 2" that are very difficult to collect from are drug addicts and mentally ill....they usually can't hold a job.
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annieo
veteran
Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest
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Did the case worker mean that while in rehab the cs is non-collectable?
If you have a court order he is still mandated by that court order unless he goes to court to have it changed and he would be incredibly lucky to get it changed to no support owing; as in a snowballs chance in hell lucky. There is a minimum amount owed regardless of employment and circumstances.
They cannot collect from someone in rehab but he will still owe the support.
I have no personal experience but I do know you can get a consultation with an attorney if you do not already have one.
If you receive assistance of any kind the state will most certainly run him a tab to be paid when he gets out and that will never go away.
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jld4444
recently joined
Reged: 02/23/13
Posts: 2
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Thanks for your replies! The case status is still "collection." I'm unclear on if arrears are backing up. He apparently just got a bill from the state for $38 (of which the state will take $25 for itself). The case worker is completely unhelpful and unknowledgeable, so an attorney might be the best route. There's a review coming up in April & the state is threatening to drop the order. What???
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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I'm not sure that the state can **drop** a court order for child support. I don't know that much about the NC laws for child support collection -- I can see the enforcement agency not being active in a case such as yours, your ex isn't able to pay at this time at all -- but court orders take judges to have them vacated.
Make sure that you attend all hearings, etc. regarding your case so that you're able to learn all that you can.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I don't know if the state could "drop" the order, but if he is going into a state mandated rehab that was ordered than his income is $0. 20% of $0 is $0. How can have a support order when he is making no money and in a place where he is not allowed to make money? This is why the state would drop it. Arrears would not build because again he is making zilch and incapable of making money.
I guess I would look at this way-- let's hope the rehab gets him right so that he can come back into society as a responsible citizen. Not just a responsible citizen, but a good father. I am sure you are disappointed and angry that he will not be forced to support his child during this time, but in 2 years we can only hope that he makes a change and will turn that all around.
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annieo
veteran
Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest
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He would have to go and get the order changed (if court ordered) for arrears not to build and there is a minimum regardless of income - in Washington state it is $50/m and it does continue to accrue.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20167
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"I am sure you are disappointed and angry that he will not be forced to support his child during this time, but in 2 years we can only hope that he makes a change and will turn that all around."
I think the OP is frustrated that the father put himself in a position where he will be unable to help support his child, and the possibility that he will not have to reimburse her when he is in a position again to do so. His choices, but she gets to carry the load by herself financially and emotionally, for two years. I wonder what other bills will be suspended during those two years, with no consequences, no money to pay back. Anyone who wouldn't be upset in this situation is a much, much better person than I am.
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