how to collect additional child support arrears when assets are found?

[vsavage]

AZ--

I have been awarded a judgment for about 80K in back child support. NCP has been paying according to the agreement, with exception for a few months while working out a new custody agreement--however is current now. NCP has failed to provide relevant financial documents, and therefore the present agreement was made without all the facts present. I've now discovered 3 new real estate assets not previously disclosed. I know that I could go back to court with this information and hope for the court to intervene--but things don't always go as we would hope in court--which is why NCP has been able to skirt around providing documents. And the time, expense and emotional drain is not something I look forward to. I am wondering if I--or the state could lien his properties to pay back this enormous debt, or if I am stuck with what has been agreed to unless I go back to court. I'd like to get paid back as much and as quickly as possible before NCP decides to just stop paying all together, which is what I believe will happen sooner or later. Also, I have not lodged this judgment in his home state and wonder if there is an upside in doing this? thank you!

 

[Ladyback1]

Does the NCP pay you directly or is going through State Child Support enforcement division?

 

[vsavage]

he pays through the enforcement division; or clearinghouse, as it is called.

 

[CSO286]

he pays through the enforcement division; or clearinghouse, as it is called.

Report the newly-discovered assets to you child support caseworker; it's likely he or she will place a lien on the properties. Should your ex attempt to sell them his past due support will need to be paid off before he can get the profits from the sale.

(I work in child support. This is what I'd do.)

ETA: If the property is in another state, I'd request the other state register the order there as well for the purpose of filing the necessary liens.

 

[vsavage]

as far as i know, i do not have a case worker. my case is not being enforced by the state, i guess because he is presently paying. would i just report it to the Clerk of the Court--which is who handles the matter?

 

[CSO286]

as far as i know, i do not have a case worker. my case is not being enforced by the state, i guess because he is presently paying. would i just report it to the Clerk of the Court--which is who handles the matter?

If you are paying through the clearinghouse, you have a caseworker.

What it means is that the state's Child Support Enforcement Division is enforcing your order. If the other party was non-compliant with the copurt order, then they would be doing more on your case. As it is, since he is currently in compliance, then are simply monitoring for continued payments.


(It is very rare for a a case to be in the system for payment monitoring only; I believe in most cases, you and the NCP would have to make a special request and get it approved by the courts. Did you do that in this case?)

 

[vsavage]

I actually don't have a case worker-- I just called. my case is being handled by the county, I think because this was born out of trial, and not a matter of being non-compliant and finally getting caught. In any case, the lady on the other end of the phone said I would have to go back to court in order to get a lien, even if he was non-compliant. It doesn't sound right to me--but I guess that is what I have to follow up on! thanks for your help, I appreciate it.

 

[CSO286]

I actually don't have a case worker-- I just called. my case is being handled by the county, I think because this was born out of trial, and not a matter of being non-compliant and finally getting caught. In any case, the lady on the other end of the phone said I would have to go back to court in order to get a lien, even if he was non-compliant. It doesn't sound right to me--but I guess that is what I have to follow up on! thanks for your help, I appreciate it.

And who at the county is monitoring your case?

In any event, then simply apply for child support enforcement services and they should be responsible then for obtaining the liens....

https://www.azdes.gov/main.aspx?menu=24&id=2496

Liens on Property

DCSE may place a lien for unpaid child support on property, including houses and vehicles. When property has a child support lien, potential buyers, title companies and lenders can find that a lien exists on the property. The lien remains on the property until the amount owed is paid. The lien applies to property that is owned at the time the lien is recorded and to all property that may be acquired at a later time.

 

[vsavage]

apparently no one is assigned to specific cases at the county level--and I cant apply for enforcement because he is paying.

 

[vsavage]

I probably should clarify-- not all cases are handled by the county. there are cases handled by Dept of Economic Security, which is enforcement. Then there are cases handled by the county, which I assume are the compliant cases. All payments go through the enforcement agency regardless of who is responsible for them.

 

[CSO286]

apparently no one is assigned to specific cases at the county level--and I cant apply for enforcement because he is paying.

Yes, you can. Here's the thing: Federal law requires that the services (child support, job counseling) available to those on public assistance also be available to those not on public assistance. This is why anyone can go into a child support office at any stage of a child support order and request that the state establish paternity or enforce their order.

https://www.azdes.gov/main.aspx?menu=24&id=2292

The Child Support Enforcement (CSE) provides services to any parent or person with custody of a child who needs help. These services include:

Finding the non-custodial parent (Locate)
Establishing legal parentage for children (Paternity)
Establishing the legal support order (Establishment)
Enforcing the support order & collecting child support payments (Enforcement)
Persons currently receiving assistance under the Temporary Assistance to Needy Families (TANF) program (which replaced the Aid to Families with Dependent Children (AFDC) program) or federally-assisted Foster Care or Medical Assistance Only programs automatically receive child support enforcement services. Persons not receiving any state or federal assistance will need to complete an application requesting child support enforcement services.

Child Support Enforcement must, in accordance with federal and state laws, attempt to protect from disclosure personally identifiable information concerning applicants or recipients of child support enforcement services.

To apply for Title IV-D Child Support Enforcement services, you can download an application or request one, either in writing or by contacting CSE’s Interactive Voice Response Telephone System (IVR) at (602) 252-4045 (Maricopa County) or 1 (800) 882-4151 (statewide outside of Maricopa County). You may also obtain an Application for IV-D Services from your local child support office.

In addition to the Application for IV-D Services, CSE needs the following information in order to make progress on your case:

Name and address of the parent obligated to pay
Non-custodial parent’s Social Security number
Birth certificates of the child(ren)
Name and address of the current or most recent employer of the non-custodial parent
Names of friends and relatives and names of organizations to which the non-custodial parent might belong
Information pertaining to income and other assets, pay check stubs, tax returns, bank accounts, investments or property holdings of the non-custodial parent
Any other information about the identity and whereabouts of the non-custodial parent
One copy of the court order that pertains to child support or paternity of the child
Copies of court orders concerning the parents and/or children; i.e.: marriage, divorce, adoption documents.
One copy of all orders/modifications that pertain to child support
One copy of all payment records pertaining to your case, if payment is ordered through a Clerk of Court
If establishment of paternity is needed, a copy of the child’s birth certificate along with any written statements (letters or notes) in which the alleged father has said or implied that he is the father of the child(ren)
If establishment of a court order is needed, an Affidavit of Financial Information will be needed
No matter where you start; establishing paternity, finding the non-custodial parent, establishing or enforcing a support order, the Child Support Enforcement office must have all the pertinent facts in order to pursue your case successfully. The more information you provide to the Child Support Enforcement office, the more success you will have in obtaining regular and full child support payments for your children.

 

[vsavage]

you are being very helpful and doing a lot of research on my behalf--thank you.
the problem is that while des can place liens, my file is not with des. and even if the same benefits are available to me as a private case, I don't seem to have the criteria to invoke their services. they will help me enforce the order, but the NCP is compliant to all the terms of the agreement. it seems to me that des can place a lien when support is not being made--but not if the support agreement is being honored. In anycase, I will contact des to see if they can help me. I appreciate all you have done. hopefully des will be able to do something.

 

[vsavage]

there is no way to talk to a live person at des! grrrrrrrr**************.....how frustrating. I just get options that send me around and around without anyway to get questions answered.