How Do I Ensure Child Support Judgment Is Enforced

by Tammy Davis
(Sandpoint, Idaho)

I have two children with Jason Earnest. For the first three years of our separation Jason made no effort to pay any child support. After calling Idaho Child Support services every month and informing them of his location and job situation they eventually helped me get my case in front of a judge. The judge order him to pay $778 per month, with a portion of that due for him being in arrears. Jason has NEVER been consistent with his support paymnets. He remarried a woman with four children in the household and has supported them, but neglected to take care of his own responsibilities.

Three months before our court hearing he purchased a $40,000 pickup and totaled it in a motor vehicle accident in which he was under the influence. The judge specifically informed him that he needs to provide the support for his own children before anything else. Below is a list of payments received from Jason in last 24 months:

06/2010 $0.00
05/2010 $0.00
04/2010 $120.12
03/2010 $0.00
02/2010 $240.24
01/2010 $0.00
12/2009 $167.99
11/2009 $0.00
10/2009 $0.00
09/2009 $0.00
08/2009 $0.00
07/2009 $0.00
06/2009 $0.00
05/2009 $335.98
04/2009 $0.00
03/2009 $0.00
02/2009 $309.31
01/2009 $498.53
12/2008 $0.00
11/2008 $461.90
10/2008 $0.00
09/2008 $270.65
08/2008 $0.00
07/2008 $0.00
Total of Last 24 Month Payments $2,404.72

As you can see there has been no consistency and he had actually gone a full six months without paying anything. I am honestly unsure the total amount that is in arrears, however I do know the last time I checked with ICSS it was over $20,000. I call every month to ask what is happening to enforce the judgment and because he is self employed they have said they cannot do a wage withholding.

He hasn't filed any federal taxes in the last three years. According to ICSS they suspended his license a few months ago. Jason recently received a ticket after being pulled over for driving on a suspended license. He attended court on June 18th and apparently was given a continuance to get the money together to reinstate his license. I guess I need to be educated on the law because I was under the assumption that he is in contempt of court since he has not complied with the judgment.

Why wouldn't that be brought up in the court hearing? Why is he not serving time in jail for his contempt? It seems to me that woman are forced to go on welfare in order to receive any help from ICSS. I am at the end of my rope with this issue!! I don't know what else to do. Can you give me any advice?

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Child Support Questions
by: CSA Staff

Hello Tammy,

Yeah it does get frustrating when some people "fall through" the cracks of the system. I am not aware of your current financial situation but sometimes when you file the contempt paperwork yourself it gets the ball moving faster. We suggest you contact your local family court and ask how much the filing be would be for this matter. You can do this yourself and will not need a lawyer. It is sad but, it is true in some cases that you can take matters in your own hands and not rely on the child support system.

Csa Staff

enforcing child support
by: Anonymous

Thanks writer I am feeling the same way and going to file a contempt. Thanks for the info

case worker

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