Forums > Single ParentingPage 1 2 3by: Two Princesses

Child Support After a Divorce is Final?

posted 30th Jan
My divorce is about to be final. I should be getting the divorce decree in the mail any day now I think.
The whole process was so confusing and such a pain in the ass, but from what I understand my divorce is what is known is a "True Default" case, and because he was served over 6 months ago and took no action, I should be given the divorce and the no visitation I asked for.
When I filed I didn't ask for child support because he was homeless and in jail at the time. but I have since learned that not having a job doesn't get him off the hook.
Can I still go about requesting child support even though the divorce is already as good as final?
TIA.
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I have 2 kids & live in Long Beach, California
posted 30th Jan
Yes, you file a case with the office of the attorney general child support division in your state
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I'm due July 13th (a boy), have 1 child & 1 angel baby & live in Texas
posted 30th Jan
Quoting *Mega Mom*:" Yes, you file a case with the office of the attorney general child support division in your state"


So it's a seperate issue from the divorce then?
and does he still have to pay even though I am pretty sure he's lost all visitation rights?
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I have 2 kids & live in Long Beach, California
posted 30th Jan
You can still file. Go to your social services office. They will give you a packet to fill out and you pay a fee to submit it to the court. You will get a hearing and then once you get the actual court order, you take it to Social Services, fill out another set of paperwork, and they start taking the money from him.
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posted 30th Jan
Quoting Two Princesses:" So it's a seperate issue from the divorce then? and does he still have to pay even though I am pretty sure he's lost all visitation rights?"


It's a separate issue. Usually it's handled within the divorce hearing but it doesn't have to be.

And he still has to pay it even if he has no visitation. The only way he wouldn't have to pay is if he signed over his rights.
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posted 30th Jan
Quoting Michael Westen:" It's a separate issue. Usually it's handled within the divorce hearing but it doesn't have to be. ... [snip!] ... And he still has to pay it even if he has no visitation. The only way he wouldn't have to pay is if he signed over his rights."


is there a fee waver like there was when I filed my divorce papers?
and since he has no money to take, do they just keep tacking it on until he does?
Thank you.
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I have 2 kids & live in Long Beach, California
posted 30th Jan
In California, you can request, terminate, or request a modification for child support at any time as long as you have reason enough. You file through the CA child support services. It can take a long time here (mine took 2 1/2 years to get an order from when I filed) But yes.....once your divorce is final, child support can always be modified by the state, not just the court.
He is still responsible for child support eventhough he does not see her. Those are viewed as two separate issues.
The only time one affects the other is they factor in how much time is spent with the other parent to calculate the amount.
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I have 2 kids & 3 angel babies & live in Oceanside, California
posted 30th Jan
Quoting Two Princesses:" is there a fee waver like there was when I filed my divorce papers? and since he has no money to take, do they just keep tacking it on until he does? Thank you."


I don't know about the fee but yes it'll just build up until he either pays, goes to jail or if he gets a job and files taxes they'll take that.
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I have 3 kids & live in South Carolina
posted 30th Jan
<blockquote><b>Quoting Two Princesses:</b>" So it's a seperate issue from the divorce then? and does he still have to pay even though I am pretty sure he's lost all visitation rights?"</blockquote>



Yes seperate issue, And Technically yes, he still "has" to pay..... But that doesn't mean he will. My sons sperm donor (aka my ex husband) doesn't pay either. If I don't receive the court ordered amount after 30 days I have to call and ask them to inforce it. I have to do that 4 times (120 days at least) before they will prosecute him and put a warrant out for him. My ex currently owes some $5k in back child support. If they even make a small payment once every 119 days it resets the clock :/ BS I know... But, once you have a court order for child support they take any tax returns of his until he is current in paying you.

I'll be happy to help, feel free to message me if you like
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I'm due July 13th (a boy), have 1 child & 1 angel baby & live in Texas
posted 30th Jan
Quoting Two Princesses:" is there a fee waver like there was when I filed my divorce papers? and since he has no money to take, do they just keep tacking it on until he does? Thank you."


Yes and yes. Lol. There should be a fee waiver in the packet they give you to fill out for court. And it will pile up as back CS.
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posted 30th Jan
Quoting ~*~Tasia~*~:" In California, you can request, terminate, or request a modification for child support at any time as ... [snip!] ... The only time one affects the other is they factor in how much time is spent with the other parent to calculate the amount."



Thank you so much for the info.
Does California do back child support? At the time I filed, I figured why ask for child support? He's homeless, what are they going to take his cool nickle?
but I've learned it's getting harder and harder for men to duck child support by being unemployed
.
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I have 2 kids & live in Long Beach, California
posted 30th Jan
Quoting ღ.ღ.ღ:" I don't know about the fee but yes it'll just build up until he either pays, goes to jail or if he gets a job and files taxes they'll take that."


You can go to jail for not paying child support? :O
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I have 2 kids & live in Long Beach, California
posted 30th Jan
Quoting Two Princesses:" is there a fee waver like there was when I filed my divorce papers? and since he has no money to take, do they just keep tacking it on until he does? Thank you."


If you file through CSS, there is no fee. If you file through court, there is. Go to www.ca.childsupp.gov (I believe this is right) and you can start the process.
They will make a judgement based on what you make, some other factors, and many times his earning potential, especially if he's had a job before. Even if he's making no money now, the amount will grow every month and then once he gets a job or any money, they will go right after it. They will also suspend his license, issue a warrent and all kinds of other things till he does pay.
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I have 2 kids & 3 angel babies & live in Oceanside, California
posted 30th Jan
Quoting *Mega Mom*:" <blockquote><b>Quoting Two Princesses:</b>" So it's a seperate issue from the divorce ... [snip!] ... take any tax returns of his until he is current in paying you. I'll be happy to help, feel free to message me if you like"


Ah I see how deadbeats do it now. Throw 100 bucks or some small amount at the problem just enough to stay out of jail. Five bucks says his mommy keeps him at least current enough to keep his drunken ass out of county jail lol.
I'm going to PT you, feel free to add me if you'd like.
Thank you for all the information.  
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I have 2 kids & live in Long Beach, California
posted 30th Jan
<blockquote><b>Quoting Two Princesses:</b>" You can go to jail for not paying child support? :O"</blockquote>




Yes mam! Isn't that nice!
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I'm due July 13th (a boy), have 1 child & 1 angel baby & live in Texas
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