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Asked 9/29/2010

Can a dad pick and chose what children he wants to pay child support on?

If a dad has multiple children and does not work but mails in child support for 2 of the children and not the third child....is a flag raised? Meaning...how can he pay for the first 2 children and not the 3rd child? How long can he go with out paying until he faces any kind of consequences?

 
 
 
 
 
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Answer 1/2 - Submitted 9/29/2010

If the court ordered your ex-husband to pay on 3 children, he owes for all 3 children. That's the beauty of a court order: it's an order, not a menu you can pick and choose from! If the state says he owes you the child support, he owes it and that's it. The court does the choosing when it comes to who pays for what child support and for what children.

You can report him for not paying child support and have his wages garnished. Rather than waiting for him to pay you, especially if he has no intention of paying and you can show it is deliberate (ie. he thinks he doesn't have to comply with parts of a court order he doesn't like), the state can go ahead and deduct that payment from his wages. You'll need to go back to court but that may be the only way to resolve it. Shoot for garnishment of wages instead of him having the option to pay you another way. He's acting in bad faith, deliberately, so I don't see why you wouldn't win that one in court in most states.

 
 

Answer 2/2 - Submitted 9/29/2010

He is not working BUT some how has more then enough money to play with. He has 3 kids and he send in money for the other 2. His girl friend does not like the fact that he has a child with me so he does not help with our son together. So he os pretty much picking and chosing what court order he wants to pay on. I just hope he does not get away with it. Thanks!

 
 
 
 
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