enabling a deadbeat dad

[ericksonwhite]

Can I sue the father of my ex-husband who is providing domicile and enabling his son to avoid paying child support? I am owed over $70,000 in arrears by my ex-husband. He is living with his father and hasn't worked in over four years.

[tbyte]

No, you cannot sue your ex's father.
He is not preventing your ex from paying child support. it is your ex who is refusing to fulfill his obligations. Why is the child support enforcement agency not going after him?
With that much arrears, he should not be living with his father. He should be living with his cellmate.

He does go to jail on a rotating basis. Here's how it works in NJ:
He doesn't pay his child support. Once he is two weeks late, the court schedules a hearing. The summons is sent by regular and registered mail to the defendant and a copy to the plaintiff.
If he doesn't show up, (which he never does) a bench warrant is issued.
When the sherrifs office receives the warrant from the court, he is picked up at their convenience (once they have enough in the area to justify the trip!) unless I call and demand that they pick him up.
When he gets picked up, they take him before the judge and they ask him for a payment. He never has any money and never has employment to claim. They then lock him up for a week and then he goes before the judge again. This happens for three weeks, and each week the fine is reduced by time served. After the third week, they release him.
I was told that "this is America, we don't have debtor's prison".

[tbyte]

And the guy has no problem with going to jail every few weeks?
Look, this guy is a total loser (as you describe him). But you can't go after his father for providing shelter for him.

If he is really that much of a loser do you want anything from him? My ex is a dead beat and I don't want anything from him. I wish he would leave me and my daughter alone.

[tbyte]

The child support is not for you. It is for the child, and you have a responsibility to try to collect it.