You send it to the last known address and/or you post it in the public section of the news paper. He doesn't have to respond to be garnished.

Genty I didn't know that.

I try so hard to give him the benefit of the doubt and I need to stop. He hasn't tried at all. With the exception of texting me from some random phone number to tell her happy birthday. What if I don't know his address? Do I just send it to the last known address? It was his fathers house.

They can go on whatever he has reported to the IRS. If you so request it.

Yes he can fight u and u need both sides agreeing to get it granted...however going back to court seems like a win win for u ...either way hes out or he pays more.

@ Noah I'll have to ask again. Maybe I misunderstood. That's what our custody judge told us. I was also told he can fight me on giving up his rights, if that's the case he would fight me just to piss me off.

@newly we can't afford to rush getting married. With DSs health problems I haven't been working. I also planned to go to a 9 month program this coming sept for my LPN. I won't get financial aid on DFs income, though for a family of 4 it's hardly an income.

I could use the money, she is growing so much I'm constantly buying new clothes for her.

Ok so i just looked up laws and its not a law that u have to have someone adopt them ...its just that the judge more than likely wont grant the wish if it means the mother and child will struggle and need GA. Its like letting a deadbeat off the hook...however if u have been doing it alone on 75week u more than likely could get him to grant the wish. Just need an attorney

Hmm weird. Im in nys and was told otherwise by a judge. Also my uncle just signed off rights to his daughters to avoid paying cs...also in nys. Nobody adopted them the mom gained full costudy thats all.

okay i was following the post and i truly understood where you are coming from, however he wants nothing to do with your DD why are you making the effort? if you need the money take his ass to court if you don't need the money rush your wedding with your SO and have him adopt her. You can't have your cake and eat it too. Either you bite the bullet and take him to court or you stop trying to get money from him and thank baby Jesus that his dead beat ass isn't around your DD

I agree with your father. Only thing that would keep me from going back to court is if he would want more custody or want to start seeing your daughter. I wouldn't risk my child's mental health over a few hundred dollars more.

So why not just get legally married so he can adopt her

in PA you're allowed to take them back every 3 years. so I would check and see if you can take him back.

In NYS they will not relinquish rights of the non custodial parent without another person to adopt the child. I already asked our custody judge. ?

Yeah thats not true. If the dad signed off the mom would have all rights to the child.

@what that's false my nephews father signed over his rights, nobody adopted him my sister is a single mother of 3.

@ Noah you cannot have some sign off there rights if you do not have someone to adopt the child. My fiancé and I will not be getting married until September 2017 so he legally cannot adopt her yet

Honestly if he hasnt seen her in 2 years and he doesnt wanna help support her financially as best he can id go to court for full custody and get him to sign off.

Thats just me though...i feel like its more hassle for just the money aspect of things to deal with a deadbeat.

However if u need the money and/or he wont give up rights then u will get back pay for all this time hes been making more.

If it was ordered on your agreement, then he should be required to pay it. He should have/would have had the opportunity to contest it at the time it was brought up.

If he owed back from when it was first ordered then chances are it was calculated from his earned wages. That stands to reason that a new job or wages should have been reported. I wouldn't research it, just make an appointment to bring him back to court. You said he was supposed to pay half for kindergarten fees and didn't... that's grounds right there. Bring up the rest as add on.

Will they consider pre k as a school expense even though pre k is not required?

It generally lays out all the specifics in your most current court agreement. I think if you need the money then def file for a modification. I wouldn't get your hopes up that you are going to get a ton of back pay though. Also file a motion on him for school expenses that were not paid, that were previously ordered.

How do I go about finding out if he was suppose to notify the courts about an income change? In trying to google it but I cannot find anything on it. I'm in New York if that matters. And not NYC

He should be paying child support and half for everything such as medical bills and education.

@rubber they actually threatened jail to him before because he was required to personally show up for court and sent his lawyer instead, that's when he was delinquent almost 3,000 dollars because the judge took it back to the date she was born.

Thanks ladies for the answers. I felt like I would seem greedy for taking him back for more money. His support hasn't even helped with how much DD has grown. She went from a 4t to a 6x in about a year. I was buying new clothes every 4 months cause of how fast she grew.

I don't necessarily know if the court will make him pay back support, unless it's specifically stated its HIS responsibility to report an increase in wages. Where I am, it's up to the person requesting child support to ask for an increase, and back pay will only be from the day they file. You can request to hold him in contempt for back pay since he refused to pay the school Cost since it was already ordered. That's just my experience though, it may be different where you live.

Court.

He won't go to jail or anything. He'll be ordered to pay back child support starting when he started that new job. If he doesn't pay that, then the courts may or may not put a warrant out for his arrest. But that would take a little time.

@ mama, I forgot to add it was a brand new Subaru Impreza. He could afford a $19,000 car but not an extra $60 a month for pre k. ?

@miss, even though I didn't do anything sooner about this? DS was born with health issues but that doesn't excuse me holding off about 2 years taking him back. You don't think the judge will tell me I'm SOL on back support?

Take him to court. He'll be ordered back pay as well as a new amount.

Does anyone know what happens since he never reported such a big change in income?

Get his backside back in court asap, it's been his choice not to see your child but it takes two to make a child and why should you be left fully financially responsible xx

Stop asking him for money, make the court do it.