First of all, I want to say thanks for the input and good thoughts. To those who thought I didn't want solutions, I apologize for sounding like I didn't/don't want input; it isn't that, it is just that I have already researched this issue to a great extent and know just what is an isn't a viable option. Here are a couple of explanations of sorts on various points brought up.
1. Yes, we did separate the bills in the divorce decree; I made very sure, I thought, that I would be protected because I knew that he would not be responsible. Two years ago, however, when I consulted an attorney because the same creditor cleaned my checking/savings accounts out (two weeks before I was to go on maternity leave, I might add. Nice.), I found out that creditors are not legally bound to adhere to the terms of a divorce decree. The creditors had told me that, but I checked with my attorney (who also called another attorney while I was in her office to make sure) as well, and sure enough, they can pretty much do whatever they want in order to get their money. Ladies (and men, if it applies), you might want to check the laws in your state before you think that the divorce decree is all you need; if the bills are that extensive, you might want to stipulate that the two of you declare bankruptcy together prior to the divorce or something along those lines.
2. Public assistance-meaning Food Stamps-is also not an option because my income hasn't changed; the only monthly expenses taken into account for assistance are basic living expenses: rent, utilities, etc...they don't care what other bills you have, and like I said, I still make the same amount of money.
3. Deadbeat dad laws are a joke. Of course there is legal recourse; I can hire an attorney (which I can't afford) in order to take him to court for non-compliance, at which point the judge will order him to make restitution. I still won't get any money, and so I will take him to court again, and eventually (as in years, not a couple of months) he might spend a little bit of time in jail for non-compliance. The first issue with this is that if I could afford to hire an attorney, I most likely would not need child support. The second issue is that my ex is wily; he knows the loppholes. He doesn't buy anything in his name, he moves frequently, he works under the table and therefore is below the radar when it comes to Child Support Services. The first two years after the divorce, he worked just until the Support Order came through and he got notice that they were garnishing his wages; then he would quit. There was a perios of almost a year that he had the same job and I got child support, but for whatever reasons he quit that job and has gone back to working under the table. Because he has to "taxable" income, he hasn't filed taxes in the last 6 years, which obviously means that his tax return isn't attached. Believe me, I have gone the rounds with Child Support Services about this issue. I have recently told them about his brand-new-truck, and they responded with, "Since he has nothing titled in his name, there is nothing we can attach."
4. Legal Aid is only available for victims of Domestic Violence. There is a network of attorneys who do bankruptcy for free, my friend April emailed me with a link, but in doing research this morning, the waiting list for services is 6-8 months. Which isn't an option, I don't have that long.
I know there were some other things brought up, and I want to tahnk you all for caring enough to make suggestions. And feel free to do so, because I am not under any illusions that I know everything; there may be a dozen other things that people might htink of that have never occurred to me. I actually joined Boomertowne last week, though, to whoever suggested that; and yes, it WILL help, eventually. I don't know about the cash option here on Gather; I only Gather here at work, so don't know how much I can possibly post and reply to people. I will try, but...
There is a light at the end of the tunnel, though; if I can make it through the next month, I will have my tax refund back. I can use that to hire a bankruptcy attorney, and it will also give me some extra to help make up for the garnishment; that will stand until the bankruptcy paperwork is filed, but if I budget the refund carefully, I think it will be okay. This next little hwile will be really hard, but I have clawed my way up from nothing before, and at least if I declare bankruptcy (which, okay, I don't necessarily feel it is "right," but is also the only way I can see out of this in the long-term), I will eventually be okay.
Thanks again, guys, so much. And if you think of something I haven't, please feel free to let me know. I might have already tried it, but am open!


Comments: 19
Other than that I am sorry to say that I am at a loss. I recently found out that when I was a kid my parents went for a few months were they had to chose between the bills and food, but I was very young and they hid it well so I'm not sure what they did.
Other service you might try is Itelius, which happens to be a very thorough background people search. This site is different from other in that it will divulge just about whatever you want about the indiviudal you are searching for. I understand money is an issue, but this site might just be able to provide you with something useful that can be used against your ex. You can find out such information like criminal background, search by address, assets, etc. Trust me, I found out stuff about my ex that if I was to hand over to attorney, he would be suffering.
I don't know you or your situation, but I would like you to know that I have been in something similiar with my ex as well as in my marriage where I could turn to find resources to obtain information and like you I didn't have much money.
Just thought of something else that might be of help to you. Have you tried to see if you are eligible for WIC coupons in your state? If you are not familar with this service, it is a form of public assistance, but could be helpful since you have a child under the age of 5. You can receive free cereal, milk, juice etc. One of the criteria is income, but it takes into account how many people the income is supporting. It is worth a try to apply to see if you qualify. I know I was receiving this service even though I was no longer on public assistance.
I don't know if you have looked into a debt consolidation as an alternative to bankruptcy just because the laws have changed regarding bankruptcy that might cause you more financial woes and debt consolidators negotiate with your creditors a payment plan that could be advantageous to you, not them. Here is a website that explains more about it: http://www.nolo.com/article.cfm/objectId/B0B66870-4C52-4303-919B10B9611D3EF9/213/161/176/ART/
I wish you luck on your situation and hope things turn around for you soon. I am a firm believer in karma and what comes around goes around, so eventually this WILL catch up with your ex.
He is not as smart as you think! I was only saying that if you could get documentation or proof of his assets, you could have the state repossess them, sell his stuff and pay you the child support you are owed. Itelius will give you a list of assets that he has that you may not know about, keeping hidden from you.
You have no family/relatives that could help you out until you can get back on your feet again?? Have you discussed your case with an attorney to find out exactly what you are dealing with and what your options are?? Okay, so you don't have the money, but some attorneys offer their services pro bono and or offer free consultation, which at least you have a starting point of what will be involved if you should decide later to go after your ex.
In regards to taxes, you are partially right in that your ex has NOT committed a crime by not paying his federal taxes, but no matter what the IRS still can and will come after you for any and everything you owe. You don't need to file a tax return unless your income was under $8,750 according to the IRS.
Child Support Services can and have put liens on property especially in the case of back child support that is owed. Your particular support officer will give you the runaround about what is involved, but I see this happening to exes, who are living with both roommates as well as a girlfriend. So, that is why I mentioned the fact about trying to see if there were any hidden assets he might have.
No, it is not a crime not to pay child support, but if there was a court order stating that he has to pay child support the state should enforce that order by any legal means. Have you checked into Idaho's Support Collectors?? This is something you might want to look into to that is not the Child Support Services Division. Guess I don't need to inform you on Idaho's Statute of Limitations for back child support payments since money is an issue.
You know, I have been fighting this battle with my ex for the last 15 years and it was only until I decided to fight fire with fire did I start to get somewhere. I won't bother you anymore with any input since apparently it is only making the situation worse.
Sorry I couldn't be of any help to you.
Let us know how things turn out. Something has to give eventually.
It must be nice to make children and not have to financially support them.
I am raising my grandchildren and neither parent has contributed towards their children, working under the table or quiting jobs so they do not have to pay.
These same children are not edible for many programs because I am not their biological parent but when I was able to work my earnings was taken out of their beneifits though I could not get help with child care.
I have done what I can for the grand-children and when I was injured and found permanently disabled I spent my settlement on the children's health care because when we got the children they had not had any of their shots or other needed health care. Much went towards their health care. It wiped us out.
Kori I will pray for you and your family.
Blessings
I have been selling books online (my old books and also books I find at thrift stores and book sales and so forth) but we need more income and am reading up on how to have an Ebay business as I think I could do better than Amazon.com. My big project for 2008 is cleaning out and organizing our house. Also having my own home business. I don't know if mentioning this is of any help to you, but maybe you could do something like this. May or may not be an option for you to get some $$ for lawyers.