I’m posting for my Mom since she’s not great with tech. We don’t have many people to talk to about this so I figured I’d ask for help here. I can give more details if needed.
The agreement was that the father (non-custodial) pays 56% of the expenses. My Mom currently has my younger sister in the YMCA Before/After school program. The father is supposed to pay $40 a week but hasn’t paid anything this week.
We haven’t heard from him, so we don’t know why he stopped paying, if he plans to pay, or what his intentions are.
My Mom thinks this might be his way of getting back at her because he has to pay back money on his taxes and can’t claim the kids as dependents.
From what I know, this is the only thing he’s not paying for. Everything else is being taken care of.
I don’t know much about law, especially family law, but I’m guessing we need a lawyer, right? I just feel like it would be best since he’s not communicating.
My Mom is worried about the cost of a lawyer, though, and thinks maybe there’s a way to fix this without needing one. I’m not sure if that’s possible.
I also wonder if it’s possible for the child support payments to be automatically deducted from his paycheck so this doesn’t happen again. That way, he can’t avoid making payments.
I’m trying to help my Mom the best I can, but I’m not sure what steps to take next.
I practice in KY. I think your Mom needs to modify the child support order to include daycare costs since it should be handled through wage assignment. If these fees change, the order will need updating. If the child support office can’t help, she’ll have to wait a few months and then file for contempt. She could ask the court to include the daycare costs in the wage garnishment at that time.
I’m 23, and I’m helping my Mom with my younger siblings. The father is not related to me, and everything was settled in Kentucky. The issue is my Mom thinks adjusting the child support could lower the amount, which would make things worse.
Honestly, I think this is not something you should get involved in. It’s about $40, and it’s not really something a court would act on right away. If your Mom really needs help, she should talk to a lawyer or wait for the relevant agency to handle it. Your involvement is unnecessary here.
@Mateo
I get where you’re coming from, but posting this and letting his Mom read the responses doesn’t mean he’s doing everything for her. He’s just gathering info for her to make an informed decision. Without the context, people might not take him seriously.
@Mateo
I get your point, but I think the son helping his Mom is the right thing to do. I’ve done similar things for my mom, and I’m proud of it. It’s not about making it a burden, it’s about supporting family. Sometimes we need to step in when others can’t.
@Kai
I understand your perspective, but I’m also a single dad and I think the Mom should handle this herself. He’s not the one who should deal with the drama between the parents. There’s a bigger picture here, and this isn’t just about $40.
One week late on $40 isn’t something a lawyer would need to handle. If the program is part of her court order, she can talk to the child support agency for help. If the delay continues for over a month, then she might need legal advice. Lawyers can be expensive, so waiting might be the best move.
Your Mom is stressing over $40? She probably signed the contract, so she’s responsible for paying. Keep track of the missed payments, and after several months, she can file for contempt in court. This could lead to reimbursement for lawyer fees, but it’ll take time. In the meantime, she should pay and keep records.
@Oscar
So if she keeps track of the missed payments for a few months, she can file a contempt motion, and that could be done without a lawyer. If it goes to court, she might need a lawyer, and the father could be responsible for those fees if found guilty of contempt. Is that right?
Elianna said: @Nari
Yes, she’d file at the court where the original order was made. Both the father and the court would need to be served.
Thanks! Is there anyone I can talk to who can give me an idea of how long this process might take? Would she need to visit the state agency in person to set it up?
@Nari
The process depends on your local court system, and it’s hard to say how long it will take. Attorneys’ fees depend on the judge’s decision, and they’re not always guaranteed.
Your Mom needs to enforce the court order, but if she can’t afford a lawyer, the child support agency will be her best option. Keep in mind, this process might take a while, especially if the payments are just a week late.
@Madeline
So if she hires an attorney, things could move faster, but it would cost money. If she goes through the state child support agency, it’ll take longer, but it could be cheaper or even free?
Nari said: @Madeline
So if she hires an attorney, things could move faster, but it would cost money. If she goes through the state child support agency, it’ll take longer, but it could be cheaper or even free?
Exactly. A lawyer will likely get things done faster, but if she sticks with the state agency, she’ll still get results, just slower. She might want to consider getting a lawyer to send a demand letter first.
