Dealing with a 'deadbeat' - Child Support Lawyers

June 12, 2010

For 17 years, Heather has been fighting for child support from her son's father.

Between medical bills reimbursements and child support, she is owed more than $180,000.

Because of her ex's violent nature when Heather's son was a child, she had to get several restraining orders. Her son has not seen his father since the child was very young.

Through the years, his father would pay off and on, but the last child support payment received was in 2005.

"I'm livid, so I've gone to the state's attorney's office," said Heather, of Morris.

She has exhausted every outlet, from the Department of Healthcare and Family Services to the Illinois Attorney General, and now is waiting and praying the Grundy County State's Attorney's office can file criminal charges against this deadbeat dad whose last known address is in Alabama.

"We are still investigating. I don't anticipate anything until mid-July," Grundy County State's Attorney Sheldon Sobol said.

In Sobol's time as state's attorney, he has never prosecuted a criminal charge involving child support. The deadbeat dad in question already has an outstanding warrant for his arrest, but he has not been caught.

"He appears to be the poster child (of a deadbeat dad) in Grundy County," Sobol said.

"This is the first time in nine years (a child support case for criminal charges) has come across our desks," he continued.

It can be difficult to file criminal charges in these cases because the state statute for criminal prosecution requires it be shown that the person has the ability to pay and is not. This can be difficult to prove, Sobol said.

But even before this step, the court system has to exhaust all efforts first, he said.

The courts work diligently with both of the parents to make payments doable and get child support on a schedule, he said.

"The goal is to make sure the kid is supported," Sobol said.

In Heather's case, that goal has been extremely difficult to reach.

According to the state, this is probably because of how often her ex relocates.

The Sacramento Family Law Attorneys of Bowman & Associates have helped clients across California. If you or someone you know has legal questions regarding Child Support, contact our experienced Sacramento Family Law Firm for a free consultation.

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