Is it worth is to file for back cs payments if...

[raquelita]

ex works under the table for his father in spurts(whenever he feels like it<cough>spoiledbrat<cough>)
ex has never filed his taxes, lives rent free in one of his father's rentals, and has no assets to speak of. however, tucked away is a rather large trust fund which ex can and does draw from with dear ol' dad's permission(the trust fund is a 'family trust' and not actually in ex's name)
I am seriously struggling away here and ex refuses to pay cs unless i meet his outlandish ultimatums and says i should take him to court if i want money but that i will get hardly any as he has no *real* income. would it cost me more to actually go to court than i would receive in the end?

[~Em~]

In most states he can be put in jail short-term for noncompliance. Not filing taxes is not excuse for not paying child support. This sort of thing enrages me, because it is the children that suffer.

I would contact your state's child support enforcement division (typically the Attorney General's office) - they may pursue it for you for free, especially if you are receiving or at risk of receiving state benefits.

[raquelita]

it is truly infuriating, i must say-especially since he is sitting on a mountain of cash while i postpone buying new underwear and a whole host of other things yet again because ds needs this or that. ex seems to think cs is like a cash bonus for good behavior but why wouldn't he i suppose, since that is what his parents do for him.
In any case, another serious drawback is that i live in canada and ex lives in the u.s and all the info i have found on fighting for cs over a border is a bit murky.
sigh <props chin up with a stick>

[34me]

In our state cs is based on what he has the potential to earn not what he actually earns. I am not a single mom but I helped a friend fill out her request and she won. Her ex was in a band that made no mony, but he did work jobs here and there when he felt like it. So we took a kind of average of those and "gave" him a job working full time and asked for cs based on that and it worked. Good luck.

[pentaxlady]

In my state it would go by his past wages, what he is capable of making. If he has no past wages it would go by minium wage.

I would not let him off just because he's good at hiding things.

Is there not a state agency that you can use so that you don't inquire attorney/court cost?

[griffin2004]

I think it's worth it. They'll impute income to him if he doesn't show any. And you can fill in the details regarding his family support.

[~Em~]

Originally Posted by raquelita

In any case, another serious drawback is that i live in canada and ex lives in the u.s and all the info i have found on fighting for cs over a border is a bit murky.

Contact the AG's office in the state where he lives and see how that works. I don't know about Canada, but states all work together when it comes to child support - it is in everyone's best interest that he pay it.

[StarJune]

What province are you in? You will have to contact ISO (Inter-Jurisdictional Support Orders) office to enforce the order. First you need to get him served with court documents, get a court date and have a local Judge draw up an Order. Then ISO will be the enforcing body.

If you can handle the paperwork yourself with the help of a Family Law Centre it won't cost you much. I think that it is worth it because at least some amount is accruing over the years and if he ever does work or come into money you can get it then. With countries that have a reciprocal agreement with Canada- the US does, he can have his license taken away, passport not renewed, wages garnished up to 50% etc. It's worth looking into.

Here is an example of a website for BC:

https://www.isoforms.bc.ca/

Google your provinces site for more info.

[StarJune]

Oh and make sure you put in your estimate of what he is "making" in your court documents. Then if he does not respond at court, the Judge may make an Order in your favour and grant you an amount based on your documents and then it would be up to your ex to prove that it is not so.

[pranamama]

over the childhood of your child, it will be a significant amount. I also would file, you are guaranteed to get an award fo some sort. Probably more than you get now.

[raquelita]

naturally all my inclinations have been to fight for what is right for my son.
most of my pussyfooting stemmed from hearing horror stories of court ordered monthly cs payments no bigger than pocket change and that unfortunately in b.c legal aid will not assist with international custody or child support issues and i was worried that legal fees could possibly surpass that which i might receive as a monthly payment.
i am realizing now that it is possible to do much of the leg work on my own without a lawyer and although i feel tired just thinking about it i am also hopeful
thank you all for the feed back and to starjune for the link

[StarJune]

raquelita- You can Pm me if you have any questions when you are filling out the paperwork. I am familiar with the process since I used to be in that line of work. Believe me, you can do it yourself. Especially since he is not here to contest everything and drag it out.

[Bad Mama Jama]

I would let the court system handle it. I do not believe in having to honor someone's requests in order for them to take responsibility for their child. I would file whatever paperwork you have to in order to start getting some relief. I would also keep on top of the situation once the case is rolling along. You child deserves the support. Poo on all of the "parents" (and I use that term loosely) who refuse to provide for their children.