Single Family Voices - For Single Parents Online Single Parent Forums Child Support Need help with your child support issues?|
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Learning to Surf The Board |
I am willing to try to help you all with child support issues or will direct you to sites where you can find information on statues in your states. I don't have all the answers but would be more than happy to research. I am a CP and my deadbeat is in arrears for over $30,000.00. Now I know that sounds like nothing has been done in my case but that isn't the case. If I wouldn't have raised such a fuss and studied CSE I would of never collected one dime.
Right now I am waiting for the refinacing to close on his property so he will pay all arrears to avoid IRS Full Collection where the IRS freezes and seizes his property and the SAO bringing him up on Criminal Non-Support. These are top enforcement tools used by CSE and have to meet certain criteria before they are used. CSE just doesn't call you and say ok so the db (deadbeat) owes you ex amount of dollars so were going to do this or that. You have to know what the statues in your state says and petition CSE to use the enforcement tools available. For instance did you know that most states charge interest on past due arrears? Most states starting in 2006 will do this the first of the year and can be done administratively meaning you don't have to go to court to have this done. Did you know that CSE can do a Tax intercept if arrears are owed? This means they take the tax refund from the NCP and send it to the CP for the arrears? Did you know that there is a Statue of Limitations? This means that for instance in the state of IL the Statue of Limitations is 20 years. This means that when the child reaches 18 years of age currant support stops but arrears can be collectable till the child is 38? Do you know that parents that don't pay their child support that the courts can make them post a cash security, bond or other guarentee of payment equal to 1 year child support? There is some much information out there and the more you know the more you will achieve in collecting your support? One thing that I want to make perfectly clear is my motivation is not based out of hate or making the NCP life miserable. My motivation is that a child deserves to be supported by BOTH parents financially and emotionally. It is the law. It is a legal obligation to support your child/children. The term deadbeat is in the dictionary and is used by CSE to decribe someone who does not pay the court ordered child support obligation. It is not gendered based. A NCP mom can be a deadbeat also, it is not all men that are deadbeats. CSE does not deal with visitation issues. They only deal with child support currant and arrears, paternity establishment and medical insurance. Okay enough for now. I just wanted to let you know that I will do my best to help those who need and want help. This is my passion, my calling. So its up to you. I am here! Dawn-IL |
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Learning to Surf The Board |
hi there -
do you have any experince on an international level ? my x refuses to help and is a british citizen. i'm liveing in michigan and a wee bit stressed out about it. i feel very strongly that both parents need to support a child financially at least if nothing more. anyhoo - get at me when you can. thanks |
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On the Board |
If sexual intercourse and/or the child was born here in the U.S., we probably have long-arm jurisdiction over the chap in England. You would need to read the applicable Michigan statute for long arm jurisdiction over defendants in child support matters.
International enforcement can be tricky. Your county's child support division is probably the best place to go. Many of our local government agencies have cooperative relationships with government agencies of other countries. Although government enforcement agencies are not the best place to go for enforcement, your situation is unique. Good luck! |
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I am New to SFV |
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I am New to SFV |
Here is my story in a nutshell. We divorced in October 2002 years. I am in the state of Georgia. In May 2003, I took him to superior court(no attorney) for non payment of child support and out of pocket medical bills(which he is responsible for under the divorce decree)(We are both responsible for carrying health insurance-which he never has). He was a no show at court and they held him with contempt and placed a pick up order(I assume this is a bench warrant)He was past due around $5,000 at that time. About 2 months after that, he skipped town and the children never heard from them. I did put in an app at Child Support Enforcement, and they found him April 2005. He did send 2-$50.00 money orders in March of 2005! I started receiving regular checks(CSE was receiving the monies from his employer). He moved to Buffalo, New York. He still has a warrant here in Georgia from the no show. He came down in December and wanted to see the children, which I allowed.(I could have had him arrested, but the children's emotions are MOST IMPORTANT). The last check I received was on 12/08/2005. He has gotten married and had another child and feels like he shouldn't have to pay anything since I just bought a house last year(with the help of a very supportive significant other-whom I feel should not be his responsibility to carry the full load) Georgia CSE sent me a letter stating that New York CSE is going to have to takeover now(I believe he is probably working under the table) and they did say that his name was sent to the IRS for Tax Interception. What else can I do and how does the tax Interception work?
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"Active Board Parent" At A loss for Words - NOT! |
......what can the State of Az do to a parent that works job to job, under the table....or has worked "actual" jobs where taxes are collected but then does not EVER file income taxes???
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On the Board |
Here's the way intercepts and license suspensions work in California....
DCSS is required by law to report all child support obligors who owe arrearages to various agencies: The IRS, the franchise tax board (California's state income tax agency), the DMV (Dept. of Motor Vehicles), and all other licensing boards. These agencies then take their own steps to suspend licenses or intercept tax refunds, etc... If the guy never files taxes, he must have set his withholding on his W-4 such that he never gets a refund and therefore never files. He'll avoid the intercept that way, but he will be up a creek with IRS for failing to file annually. Remember, if the father owes arreareages and he owns real estate in his own name, you can file an Abstract of Judgment in the county where the property is located. It will attach to the property immediately and he will not be able to refinance or sell until it is paid. The lien will follow the property, so signing off the title will not remedy the problem. Ronn (Child Support Attorney) |
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"Active Board Parent" At A loss for Words - NOT! |
The only property that he has was put into his sisters name for purposes such as this. He would be intitled to refunds but does not file because he knows that the money would be intercepted and not go to him anyway....GREAT guy
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I am New to SFV |
Wow, its nice that you're willing to help. I have some fundamental questions. My baby girl is 6 months old. Her dad is involved in her life and does hold a steady job. I initially told him I didn't care about child support, because we weren't on the best of terms at the time I didn't want to deal with any more stress. Now things are better and he said he's willing to pay child support, but I don't know how to go about it. Do I have to hire a lawyer and go to court even if he's agreeable? We don't have anything legal set for visitation or anything, its just up to us, but I'd like the CS to be legally defined so its not us haggling over money.
Basically, I'm just clueless and need some guidance on how the system works. Thanks! ~Kim |
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"Board Blazen Parent" Lively & Zealous Parent |
Kim
The first thing you need to do is get him to sign a notatrized Acknowledgement of Paternity. I think the lawyers will now better where to find a copy of that. Just get it notarized. Then you have two options. Often there is a State Agency that will pursue Child support for you. You have to locate your local agency, mine is thru the Attorney General's Office of Texas. I filled out a ton of paperwork with them. Took them a year, but they did their job and got me the child support. The other option, is the do it yourself way. You can find packets for purchase. They are basically fill in the blanks. YOu and the father agree on what child support will be. You sign off. And then you take it before a judge, and ta-da, you're done. Pros and Cons, Takes along time with the State Agency. You have little control over what they mandate. They often go by the stateguidelines, cookie cutter style. And you and your family are not cookie cutter material. Everybody has as story, everybody has different needs. BUT, it will cost you nothing. Somebody else will figure it all out, and you just have to show up for court. And you'll feel like you are fighting the father, you are each on different sides of the law. Where, if you do it yourself, you get an agreement that you and the father work out. There will be a better sense between the two of you that you are working together. It will be a joint partnernship. But, you could end up spending at least $100, possibly more to get the paperwork, and get it all filed. It's alot of research, and that in itself could be really stressful. But, if you can find your way around a law library, it can be alot of fun. It's really empowering to do it all yourself. But sometimes finding the law library, and knowing what you want is a bit overwhelming. There is nobody there to tell you what to do next. Can you tell, I've done both! |
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On the Board |
khk218, an agreement is generally better than litigating the issue in court. However, one commissioner told me that orders made by a judge in court have a higher rate of compliance than Stipulated Agreements. Perhaps they take it more serious when the judge makes the order face-to-face in court.
First things first though..... Paternity must be resolved. If he admits, not problem. If not, and he wants a paternity test, it will be expensive if not done through the local county agency that would handle your case. I would not go to a Notary to notarize an acknowledgment of paternity. You really need to put together a Stipulation for Judgment in which he acknowledges paternity and you agree on a support amount. This will be filed with the court and becomes a judgment, which is far superior to a statement that is notarized. If you can agree on a monthly amount and visitation schedule, you are set to go. If not, you should find out what the order would be according to state guideline. Any child support officer at your local enforcement agency can calculate this for free in a matter of minutes if you have both parties' gross monthly income, percentage of visitation for father, cost for health insurance, and other data they might need to calculate support under your state law. I can figure it out for you under California law, but that won't help you in your state. He may be willing to pay support, but will he be willing to pay what the state mandates pursuant to their formula for calculating support? You'll find out. I would agree on a visitation schedule first. Otherwise, he will want more visitation to bring the order down lower once he sees how much he will be paying. Remember all of this is practicing law and it isn't so easy. Perhaps some people will tell you it was a breeze, but I guarantee they missed plenty and the amount of their order is probably not even correct. Another option is to hire an attorney to facilitate the process for you (paternity, visitation and support) and draft a Stipulation for Judgment. This would be quick and easy but you'll need to get a quote from a few local family law attorneys. The County agency is usually free, but they are also usually very slow and riddled with errors and short-staffed. Nothing's easy, huh. My website will be up soon and I will be able to refer people there for free info. Good luck! Ronn (ChildSupportEnforcers.com) (no time to spell-check so hope it reads okay) |
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Learning to Surf The Board |
I love this site! Im so glad I foud you guys!!! Let me tell you I have gotten very savy with the laws for FL state for my "issue" with the baby's father. Here it is and tell me what you thoughts are:
We have a support hearing next wk and now he has told me he wants a DNA test, which is fine. However, my question is how does that hold up in court when he acknowledged paternity by signing the bc? According to the statutes "subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier" - how do you think the judge will deal with his requst then? |
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Learning to Surf The Board |
Thanks for offering to help, here is my dilema judge awarded child and spousal support in the amount of 989 a month payable on the 1st and 15th. He agreed to pay it and have it direct depostited into my checking account since he was already sending 500 a month prior. Well he is claiming since there are 26 checks he will recieve each year since 2 months have extra pay checks for him that he only has to pay 912 a month since he is getting 2 extra checks and those are extra payments to me he thinks thay he should only pay 912 and that it evens it out. I said he is in the wrong and only has to give me 24 payments not 26 well he got his undies in a ball and now thinks he should not send anything because I am a money hungry ole hag LOL I am anything but ole. What can I do? Since he lives out of state it is hard to get him here for court dates and such.
Kim |
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"Moderator Proud father/grandfather" SFV JUNKIE!!! |
I think that should have been thought of during the court proceedings if it's that difficult for him.
However, if it means getting paid....why not? Even though his math is a little off. If he sent you half of 913 (not 912) = 456.50 every check x 26 biweekly payments he'll then be paying you $1 more a year than had he just stuck to the 1st and 15th payments. I'm just saying that I'd consider compromising on that one, and get your money that way. I get the feeling a judge would anyway if it were presented to the courts. |
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On the Board |
Alyxis, in California, the signature on a birth certificate creates a presumption of paternity. But, it can always be rebutted/challenged and then set aside with DNA testing if an action to determine paternity and support is filed.
Rescinding a declaration of paternity, or signature on a birth certificate (two different things) is different from rebutting it and setting it aside. It's kind of like an annulment on a marriage versus a divorce. You are correct that the time limits for that are shorter (i.e., 6 months or sometimes less if the person who signed was a minor). There are statutory time limits on DNA testing. Two-years from birth in California. Also, if he reached out to the child as "father," told the child he was father, and the child looks to him as father, he is father. Biology becomes irrelevant at that point. It's called "paternity by estoppel." Florida may be different, however. But, this should raise some potential issues for you to explore. Keep in mind, that if you know he is the father, you have little to lose, as he will be required to pay for testing and it will remove all doubt or question as an excuse to not pay. Good luck! |
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Single Family Voices - For Single Parents Online Single Parent Forums Child Support Need help with your child support issues?
