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$15,000 Back Child Support owed to me and my children in WV. Will we see it?

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  • $15,000 Back Child Support owed to me and my children in WV. Will we see it?

    The father of my two boys has recently been discharged from the National Guard. Prior to his service he refused to pay child support to the amount of $15,000 (with interest included). The only way that I was able to get any child support over the last few years is by contacting Congressman Mollohan and letting him contact the Pentagon. Until that point, the Child Support Enforcement Division had been unable to help me obtain support from my ex, nor was any of the states he lived in willing to threaten him with jail time.

    Now that my boys are 10 and 13, I need him to pitch in his share of raising them. It seems that he has been able to shirk his responsibility for years. The man obviously has enough money to buy leather coats and boots, as well as $800 tattoos. I haven't done a thing just for my own pleasure since before I married the jerk (that's over 14 years!!!) simply because 90% of my income goes directly toward supporting my children and maintaining a home for them. Is there a court in West Virginia that can help me?

    When I asked him when he was getting another job and would continue support, his comeback was he was taking me to court because we hadn't had our income adjusted and I have a new job. I was under the impression that this was ordered at the divorce hearing and not subject to Child Support Enforcement re-evaluations.

    Where do I stand and what action can I take?
    Last edited by cweiss72; 08-22-2005, 04:08 PM.

  • #2
    Originally posted by cweiss72
    The father of my two boys has recently been discharged from the National Guard. Prior to his service he refused to pay child support to the amount of $15,000 (with interest included). The only way that I was able to get any child support over the last few years is by contacting Congressman Mollohan and letting him contact the Pentagon. Until that point, the Child Support Enforcement Division had been unable to help me obtain support from my ex, nor was any of the states he lived in willing to threaten him with jail time.

    Now that my boys are 10 and 13, I need him to pitch in his share of raising them. It seems that he has been able to shirk his responsibility for years. The man obviously has enough money to buy leather coats and boots, as well as $800 tattoos. I haven't done a thing just for my own pleasure since before I married the jerk (that's over 14 years!!!) simply because 90% of my income goes directly toward supporting my children and maintaining a home for them. Is there a court in West Virginia that can help me?

    When I asked him when he was getting another job and would continue support, his comeback was he was taking me to court because we hadn't had our income adjusted and I have a new job. I was under the impression that this was ordered at the divorce hearing and not subject to Child Support Enforcement re-evaluations.

    Where do I stand and what action can I take?
    Have you filed a contempt motion?

    If not, you should.

    You can try going to www.govengine.com to find your state's courts and statutes. Also check to see if there is any kind of Legal Aid available in your area. Good luck.
    xena

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    • #3
      Thank you. I will do that. WV will not go after him for the back support as long as he stays current, but this is his first month in two years that I haven't gotten a payment. Our legal aid in this area will only help with cases that involve abuse and protection, so getting legal help is difficult as I am unable to afford an attorney. I will try filing a contempt motion and see where that takes me. Thanks you for your advice.

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      • #4
        child support

        Review of child support can happen every 2 years. Even if he is not working he can still be expected to pay on what he was making before unless he can prove he cannot make that money again. My ex. owes $38,000. It just makes you mad doesn't it. I just got my 18 year old off to college. I also registered 4 other children for school, school clothes come from a thrift shop or from friends. He has a wonderful Suburban can go on trips etc. Doctor's visits, dentist's everything I do. You understand all this, don't you?
        It may take 3-6 months or even more to get to the court date that decides child support. It won't happen overnight. Good for you providing so much. It is hard but just so you know you have one person here that is very proud of you. Keep up the good work.

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        • #5
          My goodness! How is it that he isn't in jail for owing that much? I thought WV was bad about letting them get away without supporting their children. You are such a courageous person.

          Yeah.... it was seven years before he payed child support. When I finally was able to snag him through the military the folks at the CSE laughed at the pittance he has sent over the years. He would send insult checks for 5 and 10 dollars. NOt even enough to buy diapers. Praise God for the wonderful family He has blessed me with. I was able to go back to school to get my degree, which has helped tremendously. I still get angry that he is living the life of a bachelor and trying to make me feel guilty for requesting his assistance with the boys. Such a weasel!

          In which state do you live? I used to work in social services and might be able to help find some additional programs that are designed to help. Whether you wish to go back to school or need help with child care while you work, there is always a way and honey, you have someone here who has your back, if only in encouragement and prayer right here. If you ever wish correspond, my email is during weekdays and all other email is directed to This is the first time I have ever asked for advice for this nuisance, so I thank you for the encouragement.~Crys
          Last edited by cweiss72; 08-24-2005, 02:50 PM.

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          • #6
            Thank you for your support. Well Utah said they would prosecute when he was $10,000 behind. Then they would garnish wages for a couple of months and then he would change jobs. Then their policy was to wait 6 months before prosecuting him again. That is how the cycle went. Then he moved to Colorado. They said they were taking away his driver's liscense but I don't know if they actually did that. He pays for no school clothes, nothing. I am working to become a Mary Kay Director so then I will not have to depend on him so when the child support comes in it will be for the things they have needed for a long time. My kids are older now so I do not need day care. I really apreciate your help. I did write down your e-mail address so you might want to go in and get them off now so you don't get junk e-mails. Thanks again and I will be keeping in touch.
            s

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            • #7
              You should have more aggressively gone after support while he was in the Guard on active duty. But that being said, he can ask for a review. What you should do is present bills or a statement showing the expenses that he has not paid over the years and balance that against the little he has paid. If you have no representation, I suggest seeing if the local prosecutor can assist you.

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              • #8
                Thank you. Yes, I have been aggressive. That was how I managed to get support in the first place. The state of West Virginia is very lax in that they have very little staffing to help the many many people who are due child support. As soon as he was in the National Guard, I was able to go straight t o the Pentagon through my congressman. Up to that point, I would track down where he worked, but the state would not do anything, even with notification. I did not have money for an attorney at the time, (and still don't) and legal aid was unable to help.

                While in the service, his wages were garnished, but as soon as he was no longer a member, the payments stopped. He states that he is actively pursuing employment, yet that doesn't tell me anything. This is a man who can actively pursue employment for years. This means that he will work for pay under the table to avoid paying, and has done so for quite a few years.

                So you're saying that if I go to the Ohio County Prosecuting Attorney's office, that they will be able to help me? I know that Marshall County, where I lived for the past 8 years, was unable to be of much assistance, despite my active efforts. THey were only able to do ANYTHING after I had taken action with Mr. Mollohan and had forced his hand through his service and the threat of him being thrown in the brig. Sad to say, I had contacted the military and they wouldn't help me. It was only AFTER my congressman contacted the Pentagon, was any headway made.

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                • #9
                  hi, i live in pa, but my ex lives in wv. i too have had problems with that state for years. my ex owes over $70,000 in back support. i have contacted the governer there through email, but he is too busy with his constituants . the domestic relations writes the advocacy letters, but nothing ever gets done. it is disgusting how they let this happen. if there is any advice on who to contact to get some results it would be appreciated. there is a lot i have done over the years to no avail. these supposed new laws are BOGUS . thanks for letting me vent.

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                  • #10
                    States rarely agressively go after those that are out of state (in my state even out of county) even if it's just one of the parties.

                    I remember telling CSE years ago that I knew my ex was working, I just couldn't tell you where. At the time he was seeing the kids and told them how much he was making but of course wouldn't tell them where that was in fear that they would tell me. The caseworker told me that until I found out where it was that he was working there was nothing they could do. I rattled off his SS number and told her to see where he was paying taxes from and I was told there was no way of them doing that. I was promised a tax check for 3 years yet never received one (and I know for a fact at least 2 of those 3 years he filed taxes). I contacted them of EVERY SINGLE address available. LOL one time they called him at his latest number then e-mailed me stating that "Mr. XXXX was uncooperative and refused to give any useful information." I was like... HELLO!! It's like calling a drug dealer and saying "I'll be there at 3... make sure you are too!" DUH! I wanted charges pressed then as we were approaching I believe at that time 10K. They refused because I now live 1.5 hours away. It took over a year and a half to get license expired.

                    I even got a letter in 2003 saying I was eligible for a review... I told them I didn't need a review, I needed what was owed!

                    Up until my current husband was disabled I contacted them every few months to no avail. Once he was injured and we went on states assistance for a while they were falling over themselves supposably to find him. They set a court date up every 3 months for 2 years but could never get him served. In March of 2004 we filed for a TPR and step-parent adoption. Bio got papers in April and ignored them. Adoption was final June of 2004 with arrears standing at 25K. Isn't it amazing that the following month they got bio served? I KNOW he allowed it to happen thinking the 25K just went away. It could have if I had signed a waiver for it or he had made any kind of effort, but I didn't. He's been going to compliance hearings for over a year and is still pulling stuff... supposably now it's coming out of his check but it's not all getting sent from his employer to the clerks office. I've seen the stubs.. it is coming out but I suspect it's going right back in bio's hand because he seemed VERY unconcerned at the last hearing that he's paying this debt and he's not getting credited for it.

                    My point is it happens all over. You need to find out if WV has a SOL on support. Indiana does. CSE will pursue it until the youngest child is 18 and the SOL has 10 more years but that's it and the last 10 you are on your own as they won't pursue anymore (at least that's what the DA told me). I learned a long long time ago never to count on that money coming in.

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                    • #11
                      I am new but have the similar issue

                      My ex left the country in 2002,I filed for the children's custody in 2003 in Virginia ...judge awarded me sole custody and asked me why I didnt file for child support I was new in the country and didnt know what needs to be done.Only filed for custody as school wanted the papers for my daughter's admission.Then I worked my butt off to raise my two kids from 2003 till now in the meanwhile I moved to west virginia and lived with my children and got married again...last yr he found my address and sent summons to get visitation stating I was hiding children and he didnt know where to find me..I had no idea where the hell this A** hole was for all thsi time.Anyway I hired a lawyer in virginia as he lives there and she suggested I should give him visitation with supervision which I did ....then I filed for child support via DCSE he didnt reply to their requests and case is in court now.I never got any money from him for supporting them in all these yrs now every visit he brings candies and small stuff like clothes or socks and one x box,guitar and some other things for children and states he provided financial support of around 2000 dollars..lol
                      now I have two cases to deal with one is child support and one is visitation........my question is ...what sort of visitation he would get ....?)
                      he is asking for overnight visits from friday till sunday at his house with his new wife and a 17 yr old son...)
                      Can I collect child support from him starting 2003 till now or it will only be from the day DCSE filed in court ...he is obviously delaying that case....any help or input is appreciated.
                      Sorry I didnt know how to post a new thread so added my question here ...

                      Comment


                      • #12
                        Originally posted by simple1 View Post
                        My ex left the country in 2002,I filed for the children's custody in 2003 in Virginia ...judge awarded me sole custody and asked me why I didnt file for child support I was new in the country and didnt know what needs to be done.Only filed for custody as school wanted the papers for my daughter's admission.Then I worked my butt off to raise my two kids from 2003 till now in the meanwhile I moved to west virginia and lived with my children and got married again...last yr he found my address and sent summons to get visitation stating I was hiding children and he didnt know where to find me..I had no idea where the hell this A** hole was for all thsi time.Anyway I hired a lawyer in virginia as he lives there and she suggested I should give him visitation with supervision which I did ....then I filed for child support via DCSE he didnt reply to their requests and case is in court now.I never got any money from him for supporting them in all these yrs now every visit he brings candies and small stuff like clothes or socks and one x box,guitar and some other things for children and states he provided financial support of around 2000 dollars..lol
                        now I have two cases to deal with one is child support and one is visitation........my question is ...what sort of visitation he would get ....?)
                        he is asking for overnight visits from friday till sunday at his house with his new wife and a 17 yr old son...)
                        Can I collect child support from him starting 2003 till now or it will only be from the day DCSE filed in court ...he is obviously delaying that case....any help or input is appreciated.
                        Sorry I didnt know how to post a new thread so added my question here ...
                        I reposted your question in a new thread instead of telling you to not post to dead threads. You were nice enough to apologize and explain why you posted to a 3 year old thread, so I thouhgt I would help you out a bit. I also explained how to start a new thread.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

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