Author Topic: General guidance needed  (Read 7818 times)

monica2628

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General guidance needed
« on: August 14, 2014, 10:20:07 PM »
Hi all. I am looking for some general guidance on my child support, or lack thereof, situation.
My daughter is 9. She has not seen her "dad" since she was 6. She hasn't even spoken to him in over 2 years. He does not contact me and does not ask to see her. His loss. So when we were divorced, X did not have a job, so child support was set at minimum wage and after the calculations it ended up at $338/mo. That was in 2009. Since it went in effect he has not been current except ONE month. He is currently over $7K behind in child support. Earlier this year my case, which is IV-D, was transferred to Young and Williams from the Johnson County court trustee. Since then I feel like things have hit a brick wall. Although they did send the order to Missouri and he did get arrested for a bench warrant for missing a child support hearing last year, but even after that, nothing has happened. There hasn't been a single income withholding order put into place and they are always so vague and unhelpful when I call for updates.

Now, there is another hearing in Oct. I now live over 2 hrs away from Olathe. So I'm trying to figure out if it would be of any help for me to take the day off of work to attend. Also, does anyone know anything about automatic "cancellation" of rights after no contact for so long, if requested?

Is there anything that I can do or say to help myself and my daughter? I don't have an attorney and I certainly can't afford one. So any guidance you can give me would be much appreciated!

I've been a reader of this site for a while and think that its a great resource for information!

KTM

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Re: General guidance needed
« Reply #1 on: August 15, 2014, 09:52:15 PM »
You need to invest in an attorney.

monica2628

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Re: General guidance needed
« Reply #2 on: August 20, 2014, 12:23:37 PM »
Unfortunately I do not have the funds to hire an attorney. Plus, I don't know how much difference an attorney could make with my case.

If I were to find one that I could afford, would an attorney in Geary County be able to help me with my case in Johnson County, that has been given to Missouri to enforce?

Guru

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Re: General guidance needed
« Reply #3 on: August 20, 2014, 05:47:54 PM »
Hi Monica,

It seems your question is more about child support enforcement than anything else.  The money will eventually come in, but unfortunately, they can't force him to pay - they can just garnish anything he makes.

To my knowledge there is no law that automatically terminates a parent's rights.  Your ex would need to sign away his rights and your new husband adopt.

As KTM says, you need an attorney.  You could file for a change of venue and move the case closer to you.  Many attorneys who work in the Olathe and KC areas practice in both KS and MO and know both.  Any KS attorney could argue your case in any court, but it may cost you more money for travel time.  You could look into Limited Scope Representation where you hire an attorney only to handle certain aspects of your case.  You will still be charged $250/hr, but you won't have the retainer.  I believe there are other threads about this.

I'm glad you've found this site helpful.  That's why it was created.
« Last Edit: August 22, 2014, 04:08:01 PM by Guru »