Trying to get child support started when noncustodial parent refuses to come to court and moved out of state (Allen Parish, Louisiana)

I’m in a frustrating situation… We separated in 2018, the divorce was filed in 2019, and finalized in 2020. I received 100% legal and physical custody due to my ex testing positive for multiple drugs. Since then, I’ve filed for child support in 2021 after she refused to help with our son’s costs (healthcare and childcare).

Now, we’ve had 9 court dates that she hasn’t attended, and she moved to Pennsylvania in January 2024. Despite being served notice for the last hearing, she didn’t show up or make any attempt to appear remotely. The judge has issued 5 bench warrants, but she’s avoided being taken in on any of them. The child support rep and the local DA aren’t taking action, and I’m at a loss.

What can I do to compel them into taking action? I’ve applied for Medicaid, food stamps, and other programs that might incentivize them to establish an order. Four years is ridiculous, especially when they know where she is. Is this something I need a lawyer for? It feels like gender-based discrimination since they seem unwilling to go after her.

Have you asked the child support office why they haven’t sent your case to Pennsylvania for establishment and enforcement? That’s usually what happens when the noncustodial parent moves away.

They can’t enforce what doesn’t exist yet. There’s no support order in place.

They can send it to Pennsylvania for establishment. It’s called a UIFSA. Once an order is established, Pennsylvania can enforce it.

Consider hiring someone to figure out where she’s working and pursue garnishment. Also, have you looked into whether she qualifies for any support programs? They might help speed things up.

I have friends in the area who are helping. But shouldn’t they be able to impute her income based on what she’s done before?

They could, but unless you know where she’s working, it’ll be tough. You might also want to see if you qualify for legal representation to get this fast-tracked.

The CS rep and sheriffs say she has 3 active bench warrants. I hope when she gets pulled over, she’ll be held until our next court date.

Have you thought about filing a small claims lawsuit for her not paying what she was supposed to from the divorce decree? If she doesn’t show up, that’s another win for you.