How Do I Get a Law Passed? (Back Child Support Owed)

Updated on May 01, 2012
F.H. asks from Gilbert, AZ
11 answers

I know, crazy question. Just some background. I have a "sort of" dead beat ex husband. When we divorced, the first year he didnt pay any child support and rarely saw the kids. So I took him to court and sued him for CS AND for him to take the kids every other weekend. He actually agreed to pay me $6000 for the first year that he didn't pay. I didn't even ask him to do that, the mediator suggested it, and he AGREED (see why we are divorced??!!)! So he basically started off 6k in the whole plus he agreed to a monthly amount from that day forward.

So over the last 5 years, he has worked on and off, only paying CS when he's working, which he usually gets laid off after 6 months, then takes a year to find another job. In the mean time, good old Arizona, tracks his CS paid and not paid. In March, I paid for an "arrears calculation" to be done, I have not gotten it yet. I'm roughly estimating he's at least 10k behind and would not be shocked if its way more than that.

In the mean time, my ex and his wife BOTH filed for bankruptcy a couple years ago. Now, a couple months ago, they traded in her car for a newer SUV and then on Sunday, he dropped the kids off and got into a truck. Said he traded it in because the mustang was "tight". Uh, the new truck doesn't even have a back seat, so how is that not even "tighter" than the mustang???

Ok, sorry for the rambling but wanted to give some background...so now, I'm pissed! I don't know how much he owes exactly for back child support, but I know for a fact this year they have *somehow* qualified for 2 auto loans and every year they take a week vacation and go on a cruise for their anniversary. I drive an older beat up van that we are paying a fortune for and my husband drives my paid off car because it gets great gas milage and he is in sales. But its a "girl" car. I would LOVE for him to have a truck, as he has always wanted, but we are trying to be responsible and not just buy something because we *want* it. My husband has been supporting his kids when he isn't.

So what I want to know about is how to persue getting some kind of law passed that Dead Beat Parents that owe back child support cannot get any kind of loan until their child support is paid up. It makes me sick that he (and a ton of other parents, moms and dads) owe this money yet they can qualify and get loans for other things. I mean, if he makes enough to get TWO new car loans, he should be able to make extra payments to get the CS caught up.

So honestly, I want to pursue this and try to get something passed or at least make people aware of it (who isn't aware of it??). I know its David fighting Goliath but I think its just horrible. Anyone have any experience with this? Where do I start? How do I know if anything like this has been submitted and rejected? I even thought about calling the newspapers and media to bring attention to it and maybe THEY can investigate it to get the ball rolling. But then I'm afraid of my ex doing something to me or our kids for revenge. So what, if anything, can I do?

ADDED: I just called the office of the "clerk of the court" where my CS payment are tracked. They basically said that if our case was low income and getting state services (we are not) only THEN is it held against his credit, no passport, and I can't remember what else. She was in a hurry. I will call back and get some details. I think that should be the case whether its a "county case" or a "state case". I will try to get more details. Thanks for the info so far. =)

MORE ADDED: Apparently when I get my "arrears calculation", they said I could send it to all the credit bureaus (sp?) and ask for it to be added to his credit! YIPPEE!!! I think I will do that.

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So What Happened?

I know I *should* let it go and likely will. But its just so....I dont even know the word...but those of you in the same situation understand my frustration. And regardless, he will always owe it, even when they are older than 18. My husband and I take care of the kids regardless but I still think there should be SOMETHING...maybe even show up on his credit report in the VERY least...like an outstanding credit card not paid. Maybe I can pursue that. Thanks for the info so far. I know this is probably more or a frustrating vent but I would like something to be done.

More to add: in AZ, child suport goes thru an agency and it comes directly out of his check, and into my bank account. So they know when he is paying and when he isn't. So they treat you differently if you are on state services. If so, he is treated more harshly than if we are not on services. Interesting. It should be the same regardless. Maybe I can pursue that aspect of it. Make it the same if you are a county or state case.

More Answers

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G.B.

answers from Oklahoma City on

What a wonderful idea. We don't have that problem though. In Oklahoma they have a child support agency through the state that will help you get your child support. They take it out of their pay before the check is written out. Then it is deposited in a state account and then it goes on a debit card for that account. If they are behind they will seize all of their income tax refund. The spouse can file injured spouse if she worked and get her entire tax refund but if she didn't work they don't get any of it.

My thoughts are that if he is not working and stuff he must have horrible credit so every thing could be in her name. You would never know since you don't see the loan papers. This would kind of limit the ability of this kind of law.

I love this and can count on some time in the summer getting a nice deposit from their income tax. I usually stock up on canned goods and other staples. It sure is a wonderful program. Doesn't your state have anything like this? It's too bad if they don't.

Good luck on your adventure. I would call your area legislators and other official people so that they can give you step by step instructions.

5 moms found this helpful
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C.B.

answers from San Francisco on

I hear 'ya sista!

My daughter's father NEVER paid one dime in child support. In fact, I couldn't even get an order for child support because he didn't have a job. That's right - because he CHOSE not to work, the court would not award any child support. That was 30 years ago! Times have changed! Raised my daughter with never a dime of support from him or any type of public assistance!

What killed me was that I could not get insurance coverage for her. It was not offered through my job and the social services department wanted $200 per month to cover her under Medi-Cal. That may not seem like a whole lot now, but 30 years ago $200 was huge, especially for a single parent. What killed me was that he was on public assistance and had Medi-Cal. So, anytime he wanted he could go to the doctor or dentist and get all of his work done for free. But when it came to his daughter, I had to decide whether she was sick enough for me to use our grocery money to take her to the doctor. And then, if she needed lab work, x-rays, meds, etc., I had to raid the rent money!

I wrote to my congress person saying that I thought that there should be a law that if someone on public assistance has a child who is not covered by health insurance, then the parent should have to give up their entitlement to Medi-Cal and give it to their child. Yeah, the congressman thought it was a great idea - called me and said they may want me to testify in congress. That was the last I ever heard and she was NEVER covered by insurance.

So, good luck with your campaign. HOpefully you will get further than I did.

4 moms found this helpful

J.M.

answers from Philadelphia on

8kidsdad- wow you're taking the cake for the crazy award today- Comparing abusing innocent children to two consenting adults marrying??? REALLY? How does the consenting adults marrying affect you or anyone negatively?? they;re both consenting? there was supposed to be seperation of church and state that why it should be legal! If your religion doesnt want to honor their marriage its ones thing, but to make it illegal because of your religion is diferent!! So the founding fathers may have agreed!

4 moms found this helpful

T.K.

answers from Dallas on

You have to get an elected official to sponsor a bill. That's the 1st step. If you want a state law, call your state representatives.

3 moms found this helpful

N.G.

answers from Dallas on

I think that's a wonderful idea, I would sign any petition like that. I think it should be that not paying child support should negatively affect a person's credit.

I'm not sure how to get the ball rolling on turning something into a bill to be voted on, but I would probably start by writing a letter to all of your local representatives and state representatives just to get the idea out there and see what they respond with.

I hope you do pursue this, it's a fabulous idea!

3 moms found this helpful

C.O.

answers from Washington DC on

You start with your congressional representative. You go to them - call their district office and make an appointment to be seen - then you put together your idea for a law or plan...during your meeting - you tell them what you want done - they will then ask for a petition to be signed by at least 1,000 people in your county (it might be different in AZ)...then you continue working with your representative to work out the kinks and get it going...to get it to a Federal level and not just a State level - you will need a LOT of work..details will be your friend...examples of how it will save the State money and the State taxpayers will help too..

Then you get it on the ballot (depending upon your state laws) and get it set up as a referendum and then a law. You will also meet with your state's Governor and Senator, most likely. Get all the weight you can behind you to get it passed.

The best thing you can do to help it get passed is be VERY specific in how it will help the State in collecting back due taxes/child support, etc. and how it will benefit others....

GOOD LUCK!!

3 moms found this helpful
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M.T.

answers from New York on

I would suggest contacting your local congressional representative or state senator's office if you are asking about passing legislation.

2 moms found this helpful

I.W.

answers from Portland on

I totally understand the frustration. My ex is a loser also. He is behind on child support. He's currently only paying $ 136/mo plus health insurance.

Every time I call the DA's office I'm basically told that because I'm not on state assistance, I am not a high priority in the eyes of the state. So, basically if I were a welfare mother, they might pursue it.....

The state of Oregon sucks! It pisses me off greatly, but not much I can do about it. I don't qualify for any state programs because I make too much money. The only thing the state has done is put him on passport restriction. Meaning, he can't leave the country.

2 moms found this helpful
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☆.A.

answers from Pittsburgh on

You need to call Sheriff Joe Arpaio! LOL

Arizona DCSE office has the authority to utilize a number of options for enforcing court ordered child support payments. These include income withholding; new hire reporting; liens against real and personal property; unemployment and worker’s compensation insurance deductions; driver’s license, professional license, and recreational license suspension; passport denial; federal tax offsets; interception of lottery winnings; credit bureau reporting; and judicial procedures.

My guess is that there not looking for stuff to enforce--YOU're going to have to keep on it!

You might find this a helpful site:
www.child-support-laws-state-by-state.com/
There is also information on making/changing child support laws.

Good luck.
Nothing ticks me off more than men who make children and then think they're going to get a free "do over" in life.

2 moms found this helpful

V.W.

answers from Jacksonville on

If your state is tracking his child support payments (or lack thereof) then they should be able to have the debt show up on his credit history. Do you go through your state's child support enforcement agency? If not, I'd suggest you give it a shot. They may not be able to successfully keep him paying (if he isn't working steady, there isn't much they can do about that) but they can file liens against any lump sum payments he might receive in the future (lottery winnings, inheritance items/money, etc). And they can also intercept his tax refund (if any). Although, his wife might be able to claim injured party and retain HER portion of any of it, SOME of it would make its way to you eventually.

I know it sucks. But you are right... the debt itself will NEVER go away---until he pays it. It can't be bankrupted away, and it doesn't disappear when the kids are grown (or even if they were to predecease you or him). Hopefully, he is maintaining a life insurance policy with you/the kids as beneficiary, so that should he die, you will have that to use as his child support.

1 mom found this helpful
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