TIMEFRAMES ALL STATE GOVERNMENT CHILD SUPPORT IV-D AGENCIES MUST FOLLOW

ALL SECTIONS ARE CODIFIED FEDERAL REGULATIONS (CFR)

I. APPLICATIONS

CFR Section 303.2(a)(1) states IV-D  agencies ( state government child support agencies) must have applications available. Applications are to be available at the time of request, if the request is made in person. If request is made by phone or mail, the application must be sent within 5 working days. AFDC cases must wait for referral to IV-D, which can take until AFDC determination is completed. States have 45 days to do this after a person applies for AFDC. The same explanation must be sent to AFDC recipients within 5 working days of case referral to IV-D.

CFR Section 303.2(a)(2) says application must include description of services available, person’s rights and responsibilities, state policy on fees, costs, and distribution of collections.

II. CASE OPENING by IV-D

CFR Section 303.3(b) states a case must be opened within 20 calendar days of application or AFDC referral. Case opening includes: establishing a case record, assessment of case to determine action needed, solicitation of needed information from custodial parent and other relevant sources. Also includes: initial verification of information such as employer, etc. If location information about the payor is known, IV-D must proceed with enforcement/establishment action; if location is unknown IV-D must refer case for location attempts as specified in CFR Section 303.3

CFR Section 303.3(b)(3) requires IV-D agency to use appropriate federal, interstate and local location sources such as: state agency records, etc. All sources must be checked within 75 days. This includes the Federal Parent Locator System (FPLS) and seeking a State Parent Locator from the state where the absent parent lives. IV-D must refer the case to the state Central Registry for a State Parent Locator within 20 days of determining that the absent parent is in the other state. The state in which the absent parent lives must attempt to locate the absent parent at least quarterly.

III. PARENT LOCATOR

CFR Section 303.3(b)(8) requires states to do a locator quarterly when previous attempts are unsuccessful.

CFR Section 303.11(b)(5) allows states to close a case if after 3 years of quarterly checks to locate are unsuccessful.

CFR Section 303.3(a) defines location as finding the physical whereabouts of the absent parent or the absent parent’s employer, other sources of income or assets as necessary to take the next appropriate action.

CFR Section 303.3(b) requires IV-D agency to use appropriate federal, interstate and local location sources such as state agency records, etc. All sources must be checked within 75 days. This includes using the Federal Parent Locator System (FPLS) and seeking a State Parent Locator from the state in which the absent parent lives.

States are to refer the case to the other state’s Central Registry for a state parent locator within 20 days of determining that the absent parent is in the other state. The state in which the absent parent lives must attempt to locate the absent parent quarterly.

CFR Section 303.3(b)(5) requires state IV-D agencies to do State Parent Locators quarterly on all cases and to submit the case annually for a Federal Parent Locator.

IV. ESTABLISHING PATERNITY AND CHILD SUPPORT ORDERS

CFR Section 303.5(1) requires that paternity be established or the punitive father be excluded within one year after located.

CFR Section 303.4(d) requires IV-D agencies to establish an order for support within 90 calendar days of locating an absent parent or of establishing paternity.

If legal service of notice is needed, it must be completed or documented, that attempts of legal service of notice have been made. States must use diligent efforts to obtain legal service of notice. Support orders must be established within 90 calendar days of successful legal service of notice.

CFR Section 303.3(b)(5) requires state IV-D agencies to do State Parent Locators quarterly on all cases and to submit the case annually for a Federal Parent Locator.

CFR Section 303.4(e) requires that in cases where a support order is dismissed without prejudice, the IV-D agency must examine the reasons for dismissal and determine if it is appropriate to take more action in the future and to do so if needed.

CFR Section 303.3(a)(1) requires the IV-D agency to file for paternity establishment within no more than 90 calendar days of locating an absent parent. This includes complete legal service of notice or documented unsuccessful attempts at legal service of notice.

CFR Section 303.5(a)(2) requires that paternity must be established within one year unless the alleged father is excluded due to blood tests or legal process. The one year time period begins at successful legal process of service or when the child reaches age 6 months, which ever occurs later.

CFR Section 303.3(c) requires state IV-D agencies to use competitive bid process for hiring a laboratory to do blood tests and to make the list available to courts, law enforcement officials, and the public upon request. The term “blood test” is replaced with the term “genetic test” throughout the regulations.

V. ENFORCEMENT OF THE SUPPORT ORDER

CFR Section 303.6(a) requires IV-D agencies to monitor cases and to be able to identify delinquencies of one month or more; this monitoring includes child support payments and health insurance.

CFR Section 303.6(b) requires the IV-D agencies to maintain and use an effective system for identifying cases in default.

CFR Section 303.6(c)(1) requires states to start income withholding administratively, if appropriate, or take any needed enforcement action within no more than 30 calendar days of identifying the delinquency. This includes beginning location attempts. If legal service of notice is needed, the IV-D agency must complete it or document unsuccessful attempts. If legal service of notice is needed and successful or if it is not needed, the action to enforce must be completed within 60 days of the identification of the delinquency.
CFR Section 303.6(c)(4) requires IV-D agencies on case which enforcement attempts have been unsuccessful, to determine what further enforcement action can be taken and to take that action.

EXAMPLE: On Aug. 1, non-payor is one month behind in payments. IV-D must take action to attach wages or take other enforcement action within 30 days. This would be by Sept. 1. The enforcement action must be completed by Oct. 1 unless legal service of notice is a problem. If legal service is a problem the IV-D agency must document efforts to obtain service.

VI. IRS OFFSET

CFR Sections 303.102 and 303.70(b) requires states to submit all appropriate cases for IRS offset and state offset annually. Each September, all states send to the IRS a list of non-payors that owe $500 or more in back child support. If the non-custodial parent is owed a federal income tax refund, it is intercepted and sent to you to pay the back child support.

VII. DISTRIBUTION OF PAYMENTS COLLECTED

CFR Section 303.32(f)(1) says on interstate cases, the state that collects the payment is required to send it to the state where the custodial parent lives within 10 days.

CFR Section 302.32(b) requires IV-D agencies to inform IV-A (AFDC) agencies within 10 working days of a collection being made.

CFR Section 302.32(f)(2) requires IV-D agencies to send payments to the IV-A (AFDC) agency if more than $50 is collected, within 15 calendar days of initial receipt by the state where the custodial parent lives; or if the payment is less that $50, within 15 calendar days of the end of the month in which the collection was made.

When the IV-A (AFDC) agency receives the payment, it must forward it to the family within 15 calendar days if the payment is $50 or more; or if less than $50 it has until 15 days within the end of the month of having received the collection.

EXAMPLE 1: Non-custodial parent pays $50 on Aug. 1 to a FL IV-D agency. That agency must send the payment within 15 days to the FL IV-A agency. This would be Aug. 15. The IV-A agency then has 15 calendar days to send the payment to the custodial parent. This would be Aug. 30. [30 DAYS]

EXAMPLE 2: Non-custodial parent pays $50 on Aug. 1 to a CO IV-D agency. The CO IV-D agency must send the payment to the IV-D agency where the custodial parent lives in FL by Aug. 15. The FL IV-D agency must send the payment to the FL IV-A agency ( TANF – Welfare) within 15 days which would be Aug. 30. The FL IV-A ( TANF – Welfare)agency must send the payment to the custodial parent within 15 days or by Sept. 14. [45 DAYS]

CFR Section 302.32(f)(3) requires the following action for non-AFDC cases: IV-D agencies must send the payments to the families within 15 calendar days of initial receipt of the payment in the state.

EXAMPLE 1: Non-custodial parent pays $200 on Aug 1 to the Clerk of Courts who works under contract with the IV-D agency. That payment must be to the custodial parent in 15 calendar days. That is by Aug. 15.

EXAMPLE 2: Non-custodial parent pays $200 on Aug. 1 to a FL IV-D agency. The FL IV-D agency must send the payments to the state where the custodial parent lives in CO within 15 days. That is by Aug. 15. The CO IV-D agency must send the payment to the custodial parent within 15 days or by Aug. 30. [30 DAYS]

CFR Section 302.32(b)(5) requires that collections made via IRS or State offset be sent to the family within 30 days of receipt by the IV-D agency unless state law allows a post-offset appeal process. If an appeal takes place, the agency must send the payment to the custodial parent within 15 days of resolution of the appeal.

CFR Section 302.32(f) requires the entity which collects child support, such as employers via income withholding, must forward the payment to the IV-D agency within 15 days.

VIII. MODIFICATION OF SUPPORT ORDERS

CFR 303.8( c)(2) states are required to review cases for modification every three years or a change of circumstances of the parents. This means that you or the non-custodial parent can request a modification of your child support order every three years.

CFR 303.8(ii) states that allows you to request a modification of your support order to include medical coverage through health coverage or other means.

IX. CASE CLOSURE CRITERIA

CFR Section 303.11(c) requires states to notify the custodial parent, in writing, 60 calendar days prior to case closure. IV-D agencies are required to keep cases on file after closure for three years.

The case may be left open if the custodial parent supplies information which gives the agency further leads to establish paternity or a support order or to enforce a support order; or, if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of a support order.

CFR Section 303.11 allows the following as case closing criteria:

1. Child has reached age of majority; there is no longer a current order for support; and there is no arrearage or the arrearage is less that $500; or the order is unenforceable under state law.

2. Death of non-custodial parent or alleged father occurs and there is no further action that can be taken such as levy against the estate.

3. Child has reached the age 18 and action to establish paternity is prohibited by state law; or blood tests have excluded an alleged father; or the alleged father can not be identified. Case may also be closed if birth is a result of incest, rape, domestic violence, or an adoption is pending; or a finding of good cause by IV-A( TANF – Welfare) has been made.

4. If IV-D has been unable to locate a non-custodial parent after making repeated quarterly location attempts via State Parent Locator System (SPLS) and Federal Parent Locator System (FPLS) over a three year period.

5. If the non-custodial parent is in jail, a psychiatric institution or has a verifiable medical, total, permanent disability with no evidence of support potential. The state must determine that there is no income or assets available to the non-custodial parent which can be attached for support.

6. If the non-custodial parent is a citizen of a foreign country, lives in the foreign country, does not work for the U.S. government and has no U.S. sources of income or assets; and the state can not get a reciprocal agreement with the country where the non-custodial parent lives to collect the support.

7. If the case was opened for location only service, it is closed once the location service has been provided.

8. If a non-AFDC client requests closure and there is no arrearage owed to the state.

9. If there has been a finding by the IV-A (AFDC) agency against the custodial parent for failure to cooperate.

10. If the IV-D agency is unable to contact the custodial parent for at least 30 calendar days. Attempts to contact include phone, letter and at least one registered letter.

How Long Should it Take to Collect My Child Support?

Fails to define reasonable

There is a new medial support order form all states are required to use.
Interstate insurance companies now accept our of state medical support orders for insurance.

IV‑D agency required to sign up kids, obtain insurance claim cards.  ID cards for children if non‑ custodial parent does not do so.

You have a right to obtain a court order for medical support for your children from the non-custodial parent.  This order can be part of your temporary order, divorce decree, paternity decree or separation order.

If your current  order does not have a requirement for medical insurance for the children or arrangements for payment of medical bills or you do not have a court order of any kind you can get one by:

1.         Contacting the local child support agency (IV-D). Completing an application at the IV-D office.

~OR~

2.         If you are a IV-D client, you can request a modification of your child support order to include medical support.

  ~ OR ~

3.         You can hire a private attorney to obtain a medical support order.                                                                         

~ OR ~

4.         You can represent yourself in court, pro se.

Items to Include in Medical Support Orders:

1.         A requirement that (if non-custodial parent is to have medical insurance for the children) you are provided with signed insurance claim forms, insurance identification cards and policy numbers or any other paperwork that you may need to cover your children, annually.

2.         Immediate notice to you by the non-custodial parent if the insurance lapses for any reason.

3.         A specific listing of how bills are to be paid if not covered by the medical insurance, or if  none is available to either parent such as:    Medical insurance pays 80% of medical bills:  The remaining 20% is divided evenly between the parents or paid in full by the non-custodial parent or 20% paid by the custodial parent and 80% by the non-custodial parent.

3.         The Clerk of Courts will legally notify the defendant of the court hearing by certified mail or personal service of the legal papers and notify you of the court date.

At the hearing, have your medical bills well organized.  The court will want to see the original bills received from the doctors, hospitals, etc.

Collecting Medical Support

Locate Absent Parents
Establish Orders
Establish Paternity
Enforce Orders
Modify Orders
Establish and Enforce Medical Support Orders
Distribute Payments with -In Two Days of Receipt
Operate New Hire Registry to Identify Noncustodial Parents Who Owe Support So Their Wages Can Be Attached
Attach State and Federal Income Tax Refunds to Collet Back Support
Seize Assets to Collect Support
More……

Application for Services

You need to apply to the local government child support office, which is called IV-D, for services. To apply for IV-D services, you will need to complete the IV-D application. Whether you have an order, need to establish an order, need location services, or need to modify your existing order, your first step is the local IV-D office for an application for IV-D services. The IV-D agency is required, by federal law, to provide you with a copy of your rights and responsibilities and their services, responsibilities and fee schedule. Make sure you don’t leave the office without this information.

Child Support Services that the Government Child Support Agency Provides

However, if a parent is behind in child support payments in an amount that equals 30 days of child support due, the court or a government child support agency can issue an order for an income withholding. If the parent is behind in payments the order should include payments on arrears. The total amount of income that can be withheld is set by the Federal Consumer Credit Protection Act (CCPA) :

50% – If they have other dependents, with no arrearage or less than 12 weeks in arrears
55% – If they have other dependents, and more than 12 weeks in arrears
60% – No other dependents, with no arrearage or less than 12 weeks in arrears
65% – No other dependents, and is more than 12 weeks in arrears

Income Withholding to Collect Child Support

Question:  I live in Pennsylvania and my ex is lying and trying to get out of his support obligations.  I have told them several times that he works for cash under the table and they tell me there is nothing they can do unless I have proof.  Well I cant afford an investigator. but I was married to him for 22 years and I know he does. I have a modification hearing very soon. how can I request they supena his bank records and his unemployment card.  He lives with his dad for free, has alot of assets and is living beyond his means of unemployment. He is living a better standard of life than his children.  And his children are suffering due to him getting out of his obligation. not fair to the kids.

Answer:You will need a continuance for your hearing if you need to subpeona his financial records.  You or your attorney can file the subpeona at the clerk of courts office compelling him to produce the financial records. If you think he will respond by saying he has none , then I would contact the Domestic Relations Office and ask them do a state parent finder to find his income and assets.  They can attach any bank account he has to collect back support.

Also, you could have ae a friend contact him and obtain a quote  for work he does ” what his under the table job is”, have your fiend ask for references and usual rate of pay. Your friend can then testify about this and you can subpoena his “references” to prove he does indeed have more income than he is claiming.

His unemployment compensation is attachable to collect support.

If all else fails, and they reduce his support obligation, ask for an automatic review of the case every 2 months so that the full amount is re-instate when he returns to work or when you have more information about this income.

Hiding Assets to Avoid Paying Child Support

Question: My ex lives in California, I and my children live in Virginia. My twins just turned 18 and graduate from high school in June 2009. My oldest turns 21 in July. I am owed over $220,000.00 in child support arrears. I have written to the Gov of California and everyone I can think of – and still there is no pressure on my ex to remain employed. He is a Journeyman Steam fitter with a Union job (since 1988). He will work for a month or two, and “drag-up” (quit) and return to collecting Unemployment. This has been going on for years. I then get a generous $167.00 every two weeks when he is on Unemployment. However, there have been no payments at all for the last two 1/2 months. He has attempted to modify my order three times over the years and the courts (Santa Clara County) has always found in my favor.

I know he has not filed taxes since `1997 (when I left) and wonder if I will ever collect any of these arrears. I know he can not discharge them thru bankruptcy…what-  if any – options do I have?  I am sure he has no assets and believe that jail time just might encourage him to go back to work.

Answer: It would seem you best chance of collecting the support is to try to find any assets he might have, and attach them. Ask the CA Child support agency to do a State Parent Locator to find his assets. Consider hiring a private investigator in CA to do an asset check too.

Since the kids are over age 18 you can’t file criminal non support charges, so you will need to find a “civil” law process to collect the money, such as contempt of court, lien on property, seizure and sale of property., etc.

Contempt of court might work if the judge puts him in jail  to force payment. To get a judge to do this you will need to provide evidence he has some assets. They can’t put someone in jail who has no visible source of income.

The court can order him to seek work and report into the CA child support agency weekly to prove he is looking for a job, but in these times  it is unlikely he can easily find work, the unemployment rate in CA is high at present.

Check out this list of ways to locate absent parents and their income to see if any apply to your case:

LOCATION OF ABSENT PARENTS AND INVESTIGATIVE METHODS TO DETERMINE ASSETS
AND INCOME

Locating an absent parent is the first step to successful enforcement or establishment of a child support court order that your child deserves.

Compile the following information as completely as possible to present to your child support agency:

1. Absent parent’s full name including middle name and any nicknames

2. Other names used by absent parent

3. Social Security Number: you can check insurance records, old driver’s licenses, old bank records, income tax returns, records from welfare,
etc…

4. Absent parent’s date and place of birth

5. The names and address of missing parent’s mother and father, including maiden name of mother.

6. Last known address and telephone number of absent parent

7. Last known employer, address, name of supervisor, type of work done

8. Any remarriage(s) by absent parent. Name of new spouse(s), address, current spouse’s maiden name and place of employment

9. Location of any property owned by absent parent

10. Any private, military or government pensions or benefits received by absent parent

11. Names, addresses, phone numbers of absent parent’s relatives and friends

12. Hobbies of absent parent

13. Clubs or organizations to which absent parent’s relatives and friends belong

14. Criminal record: date, place, type of offense of absent parent.

15. Probation: which city, county, state?

16. Military service: Identify branch, location of assignment and rank.

RESOURCES TO CHECK AT YOUR LOCAL LIBRARY:

1. Telephone book from last know location or possible current location

2. City Directory: Lists occupations and places of employment; has phone number listing that can provide and address

RESOURCES AVAILABLE AT GOVERNMENT OFFICES AND PRIVATE AGENCIES:

1. Recorders Office or Clerk of Courts list deeds to property

2. Fishing and Hunting License records

3. Voter Registration lists

4. State Department of Motor Vehicles: Two divisions: Driver’s License and Vehicle Registration. Check both by sending absent parent’s
name, date of birth and social security number. The office will send you the most recent address on file. There is usually a small fee.
Call and check.

5. Post Office: File a postal verification form. There is a 25 cent – $1 fee to verify an address or send the absent parent a letter at the last
known address requesting address correction. A verification will be returned to you when/if letter is forwarded.

6. If absent parent has a private business, check with the Secretary of State to see if it’s incorporated and verify the address of the corporation.

7. Occupational and Professional licensing bureaus if absent parent is a doctor, dentist, nurse, X-ray technician, etc…

8. Trade Unions: Contact state trade union if state is known or national trade union for type of work such as electrician, plumber, etc.

9. Contact high school, trade school, or college of absent parent. They may have a current address. They may also be the source of date of
birth and/or social security number.

10. The following are military locator phone numbers for active personnel or those receiving benefits:

Army: (317) 542-4211 Coast Guard – (202) 426-8898

Navy: (302) 694-3155

Air Force: (512) 652-5774

Marines: (202) 694-1624

Utilization of IV-D Services for Location of Absent Parent

The IV-D program is required by federal law to assist you whether or not you receive welfare benefits. The IV-D agency is usually located at your
local welfare offices. These services are provided through the IV-D program.

Services Provided:

PLS (Parent Locator Service) will check absent parent’s social security number with IRS records, Social Security records and Department of Defense records

Credit Bureau check provides address, employers, credit history

Veterans Administration records provide address, possible employer and/or benefits received

Criminal records: Check with local law enforcement agencies for addresses from criminal records, traffic tickets, etc…

IRS Tax Form 1099 provides asset information, bank accounts, businesses owned, etc…

State tax office provides address/employer

Bureau of Vital Statistics provides information used to find a social security number

IRS records also provide information about social security number

Food Stamp, Housing Authority, Probation Department can provide address/employer

INVESTIGATIVE METHODS TO DETERMINE ASSETS

Finding out the income and property owned by a non-payor is essential to successful child support enforcement. It is especially important if the non-payor is self-employed or earns money under-the-table.

Fill in the following information as completely as possible:

1. Absent parent’s current employer, salary, pay periods

2. Commissions and bonuses received

3. Deductions from pay such as savings plans, credit union accounts, etc…

4. Property owned by absent parent: check with county deed office.

5. Rent received

6. Bank accounts, name, address, account number

7. Stock owned

8. Lawsuit (s) absent parent has pending that will produce income such as inheritance, personal injury, work related claims

9. Motor Vehicles, boats, motorcycles, etc., owned by absent parent: check with the State Department of Motor Vehicles for license number

10. Private, military or government benefits received such as pension, disability, etc.

11. Personal property such as jewelry, art collections or coin collections

12. Professional licenses owned by absent parent. (Truck drivers must carry special licenses from the Interstate Commerce Commission. These can be attached
since a bond must be posted with the insurance company holding the licensing bond.

Other Methods to Determine Assets of Absent Parents

1. Deposition/Discovery: absent parent is questioned under oath by your attorney or IV-D attorney

2. Information from employers: can be obtained voluntarily by attorney from the company, by deposition of company representative or you. Your attorney can
subpoena the employer for a court hearing.

3. Credit Bureau check can determine assets. This can be done by the IV-D attorney or a private attorney.

4. Bank records, tax returns and financial records of a company can be subpoenaed into court.

5. IV-D agency can check federal tax Form 1099 to determine assets such as stocks, bonds and interest. You can obtain a judgement issued by the court.
However, a judgement will only provide child support payment if it’s executed.

You can execute a judgement, only if non-payor has assets such as:

1. Property (house, land)

2. Car (usually valued at $1,000 or more)

3. Boat, motorcycle, etc.

4. Jewelry, art work, etc.

5. Bank accounts, stocks, bonds, Certificates of Deposit (CD’s), IRA’s, etc.

6. Commissions, bonuses, vacation pay.

Usually, if not always, you will need an attorney to execute a judgement since it is a very technical legal process. Sometimes attorneys will take a case on contingency
basis such as 20-30% of what you collect. IV-D attorneys can also execute judgements in some states.

Other assets to check:

1. Unemployment Compensation is attachable by local IV-D agency

2. Worker’s Compensation is attachable in some states

3. Social Security benefits received by an absent parent may mean your child is eligible for benefits; Check with your local social security office

4. Military benefits are attachable (contact ACES for military benefit attachment packet)

5. V. A. Benefits received by an absent parent may provide an allotment for the child. There is also a current Supreme Court case to determine if they can be
attached.

6. Trust income is attachable.

7. Inheritance is attachable.

Please remember you must be persistent with your investigation to be successful. Many children have received the support they deserve only after the custodial parent
got enough information to provide evidence in court that the non-payor truly did have assets!

Interstate Enforcement and Location of Assets

1. Private Attorney

a. Pro – some control over what action the attorney takes

b. Con – expensive

c. Con – few child support specialist

2. IV-D Government Child Support Agency

a. Pro – low cost or free, more enforcement tools available to them than attorneys or you

b. Con – poor service, slow, you must be persistent and diligent to ensure action

3. Represent Yourself in Court

a. Pro – control over case

b. Con – technical legal procedures

c. Con – having to confront your ex directly

Things to Know If You Hire an Attorney

Remember that the attorney works for you. Tell him/her exactly what you want to accomplish. If the attorney suggests that you accept an offer from the non-custodial parent’s attorney or from him/her, ask yourself:

1. Will this make sure that there is a way for me to actually collect the money due?

2. Will this make sure that my children have received all that they are due?

3. Will this make sure that my children get healthcare?

If you make an agreement with the non-custodial parent and/or his/her attorney, you cannot appeal the decision to the court, it is called an agreed court order. If you are not satisfied with the “deal,” you can request a full court hearing. If you don’t agree with the court order, you may have the right to appeal the judge’s (hearing officer, referee or master’s) order.

Representing Your Self in Court (Pro Se)

Best if only used for simple legal procedures such as income-withholding. Can only be used for civil court cases such as Contempt of Court. In some counties, the Clerk of Courts has pre-printed forms you can use. In other places, you must make your own forms. Check with your local legal library to see samples of forms used in your county. On line sources such as Findlaw are helpful, they list federal and state laws

Choosing the Best Approach to Successfully Collect Support

Government Child Support Agencies

Answer: What he is doing is illegal, it’s identity theft. If someone is helping him they would be breaking the law too.  Start by filing a police report, whether or not the police have enough evidence to charge him, this will help you when you need to prove to creditors this is not just an unpaid account.  Also, sign up with an identity theft prevention company like IdentityHawk.   These types services provide identity theft protection including automatic advisories, financial protection, risk detection and identity restoration.

Identity Theft

I know he has not filed taxes since `1997 (when I left) and wonder if I will ever collect any of these arrears. I know he can not discharge them thru bankruptcy…what- if any – options do I have? I am sure he has no assets and believe that jail time just might encourage him to go back to work.

Any advice is appreciated..

Answer:

It would seem you best chance of collecting the support is to try to find any assets he might have, and attach them. Ask the CA Child support agency to do a State Parent Locator to find his assets. Consider hiring a private investigator in CA to do an asset check too.

Since the kids are over age 18 you can’t file criminal non support charges, so you will need to find a “civil” law process to collect the money, such as contempt of court, lien on property, seizure and sale of property., etc.

Contempt of court might work if the judge puts him in jail to force payment. To get a judge to do this you will need to provide evidence he has some assets. They can’t put someone in jail who has no visible source of income.

The court can order him to seek work and report into the CA child support agency weekly to prove he is looking for a job, but in these times it is unlikely he can easily find work, the unemployment rate in CA is high at present.

Read this list of ideas about where to find assets, maybe it will give you a lead. Locating Absent Parents and their Assets

Interstate Case: Locating Assets