We live in the State of Missouri. My husband’s ex lives in Texas. My husband has a disability and has been unable to work for the last four years (we are in the process of obtaining disability). There is no legal court custody of my husband’s two children, although there has been a support order set up. In the time the orders been set, we’ve received $300. We rely on my income completely, and that’s not much. The children’s mother is absent, she doesn’t call or even bother to inquire about them. My husband says he’d feel bad to put his children’s mother in jail. Can I sue her for non-payment seeing as I am the sole caretaker for the children. I have not adopted them, but I’m wondering if that would give me the right to sue her for back payment.
The only way you would be able to sue her is if the child custody order specified for you to receive support and there is a state law that allows you to bring a civil action against her. If there is a state law, and your husband has not received the required payments pursuant to the law, he may be able to bring an action against her for the unpaid balance. You may want to consider obtaining a wage garnishment if she works to ensure your family receives payments. Also, consult with a local attorney for legal advice regarding your options.