Keeping the Ex-Husband Accountable
According to the government, more than half — half! — of all fathers who owe child support do not pay it. The Child Support Recovery Act of 1992 enacted laws that make it a federal crime for fathers to default on court-ordered child support due children living in another state.
Your local Child Support Enforcement Office can assist you in taking measures to force payment. If you report the father's failure to pay to the IRS, for example, they will divert any refunds he earns to you.
If your former husband or partner fails to pay child support, it is imperative that you act immediately by filing a motion for contempt of court. Although it's wise to use an attorney, this is something you can file and present to a judge. But don't wait, because it will take weeks before you have a court date.
On that date, the alleged violator must appear in court to explain why he has not complied and why he should not be held in contempt. If the person is found guilty of contempt, the judge can seize his assets, levy fines, and even send him to jail.
Fact
Nearly 50 percent of all first marriages and 60 percent of all second marriages end in divorce, so you, my dear, are far from alone. In fact, the next time you're in line at a movie, look at the person in front of and behind you. Of you three, two of you will have gone through a divorce.
As of 1998, federal law requires employers to turn in the names, addresses, dates of birth, and Social Security numbers of all new hires, which means that even if the father has crossed a state line, it's easier to find him today than it was in the past. Some of your options for tracking down a deadbeat dad include searching these routes:
Motor vehicle records: You can call the state bureau with his name, Social Security number, and date of birth to find out what vehicles he has registered and to obtain his current address.
County tax records: Your county clerk of courts can provide you with deeds, taxation information, and property assessments.
The IRS: The IRS will intercept a delinquent payer's income tax refund. Ask your local child support agency to verify the amount due and submit it to the IRS.
Social workers: Ask your city or county social workers to obtain information from his bank, his mortgage provider, or other financial institutions to determine his assets. You can then attach liens on real estate or personal property and attach bank accounts to collect past-due support.
Although it can be difficult and frustrating, holding the father financially accountable is important to your children's future. They deserve to have their father's fiscal and emotional support, and the law agrees. Ideally, two parents create the best financial circumstances they can afford and work together to provide for their children.
If that's not realistic — or even imaginable — in your situation, make every effort to deal with his financial lapses in a measured, responsible way. It's not your job to browbeat a deadbeat father, but it is your responsibility to make sure your children have the advantages that he can afford and that they so richly deserve.
