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Just wondering.. States not same?

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MidnightBreeze

Junior Member
What is the name of your state?

From reading threads here and other sites I hear so much about Fathers not paying child support for years, owing thousands.... I just cant figure out how? In my state, all child support is automatically withheld from your wages, if you company has a insurance program they also withold the money for the insurnace... if any back payments they figure so much per month for the back payment and hold that out also.

I can if a father really wants not to pay then they change jobs all the time but then here they also go to jail. Do know one guy that just refused to work and after 2 times getting sentenced 90 days he got a job.

And from what our papers it states that even if father moves out of state they will still with hold income for the CS, due to some national statue or something like that.

I know this law went into effect for the automatic income with held back in early 1990's and any case before that when they come back in 3 years to renew the order they will go to automatic income with held then.

Are not all not states the same way?

If not, why dont that make it that way and then child support will be paid except for the real dead beats that will refuse to work to get out of paying
 


B

betterthanher

Guest
MidnightBreeze said:
What is the name of your state?

From reading threads here and other sites I hear so much about Fathers not paying child support for years, owing thousands.... I just cant figure out how? In my state, all child support is automatically withheld from your wages, if you company has a insurance program they also withold the money for the insurnace... if any back payments they figure so much per month for the back payment and hold that out also.
But if that parents does not have a job, there's nothing to garnish. Or at least a job that reports wages.

I can if a father really wants not to pay then they change jobs all the time but then here they also go to jail. Do know one guy that just refused to work and after 2 times getting sentenced 90 days he got a job.
If an obligor really doesn't want to pay, they'll jump through any hoop possible to avoid paying. Plus, a court can "order" someone to get a job, but that's all they can do. Even that is borderline unconstitutional as the Courts don't really have that power to force someone into employment.
And from what our papers it states that even if father moves out of state they will still with hold income for the CS, due to some national statue or something like that.
Federal statute requires states to garnish checks.

I know this law went into effect for the automatic income with held back in early 1990's and any case before that when they come back in 3 years to renew the order they will go to automatic income with held then.

Are not all not states the same way?

If not, why dont that make it that way and then child support will be paid except for the real dead beats that will refuse to work to get out of paying
Some states are more vigilant than others when it comes to collecting and enforcing support. But all states are simply overworked and understaffed and it's not going to get any better w/the President's new budget.
If you can think of a better way to enforce, that is legal and not unconstitutitional, then I am sure the states would be interested./
 

Gracie3787

Senior Member
MidnightBreeze said:
What is the name of your state?

From reading threads here and other sites I hear so much about Fathers not paying child support for years, owing thousands.... I just cant figure out how? In my state, all child support is automatically withheld from your wages, if you company has a insurance program they also withold the money for the insurnace... if any back payments they figure so much per month for the back payment and hold that out also.

I can if a father really wants not to pay then they change jobs all the time but then here they also go to jail. Do know one guy that just refused to work and after 2 times getting sentenced 90 days he got a job.

And from what our papers it states that even if father moves out of state they will still with hold income for the CS, due to some national statue or something like that.

I know this law went into effect for the automatic income with held back in early 1990's and any case before that when they come back in 3 years to renew the order they will go to automatic income with held then.

Are not all not states the same way?

If not, why dont that make it that way and then child support will be paid except for the real dead beats that will refuse to work to get out of paying
Some states are better at enforcement than other states are, there are really too many reasons to go into. Yes, supposedly they are all supposed to work the same, but reality is different.

From my owm observations, and experience I can tell you some reasons for the differences. As other poster said, if a NCP truly does not want to pay, they will find a way to not pay, no matter what the state does. Some just disappear, some work "under the table" some use fake names and SSNs for work, etc. The state cannot take enforcement action against a non paying NCP if they can't contact them, find them, and have no idea who the employer is. Some states have now begun to use a system where the NCP is traced by SSN, which personally, I believe should have been done long ago. Then they can send the employer an income deduction order. The problem is this: A NCP can quit thier job and go to another, until the IDO follows, then do the same thing again.

What it boils down to is that if a NCP is determined to not pay, there really isn't much the state can do. It's almost always the NCPs that sometimes pay, are making an effort to pay, stay with a job after IDO is sent, whose whereabouts are known, etc. that enforcement actions are taken against, simply because they can be located and have income that can be garnished.
 

Whyte Noise

Senior Member
All CSE offices in all states have access to the federal New Hire Registry, the FPLS database, and also the SSA's database. The "We can't find them" usually means "We ain't looking for them, that's your job". CP's have actually been told to bring in the NCP's employer info if they want anything done. Just shows the laziness on the part of each state's CSE office when all they have to do is take 5 minutes to tap into the 3 databases I mentioned above and find an NCP.

I can pull up a credit report that lists employers on it, why can't the CSE agencies do the same thing? They can.... they just don't.
 

Grace_Adler

Senior Member
Yep, that's exactly right, I agree 100% with Whyte Noise.

The only ways I can think of that it would be difficult to locate a NCP, which happens all the time, is if they live with friends or relatives, don't work or work under the table, don't file taxes, don't update the address on their license- if they have one, don't forward new addresses with the postal service because CSE uses the post office to in order to get the last known address of people, and don't have any registered property in their name, nor a bank account. CSE can tap into the system and find out all the property you own too; the property that is registered to you and you have to pay taxes on it, like a home, land, cars, etc. And now that everything is under the Dept. of Homeland Security, all databases are networked together to make it even easier to find out info on someone.

Oh and the other scenario, as was mentioned is if they are using fake info, obviously you couldn't contact them.

Even if they were to go look for jobs at the Employment Security Commission or file for unemployment, the ESC puts your SSN into the computer and they can also use that.

They can also search public records, that's what collection agencies do, although if there is no info on there, it's not very helpful.

Sometimes employers are slow to follow up on new hires or don't at all, then CSE has to get a court order to enforce wage withholding.

These methods for locating someone have been used in NC and VA since the early 1990s and some of them possibly earlier than that.
 

txmomof2

Member
Credit Reports

Whyte Noise said:
All CSE offices in all states have access to the federal New Hire Registry, the FPLS database, and also the SSA's database. The "We can't find them" usually means "We ain't looking for them, that's your job". CP's have actually been told to bring in the NCP's employer info if they want anything done. Just shows the laziness on the part of each state's CSE office when all they have to do is take 5 minutes to tap into the 3 databases I mentioned above and find an NCP.

I can pull up a credit report that lists employers on it, why can't the CSE agencies do the same thing? They can.... they just don't.
If credit reports were always up to date, that would work- but they are not. We pull credit when a household applies for Food Stamps, TANF, etc- sometimes an employer is listed that is from over a year ago- but it's the LAST KNOWN employer. I wish all Employers were with the programs offering state agencies an easier way of verifying income (WalMart does this)- then you'd see first hand and in 'real time' whether an NCP was working at any particular jobs.

the CSE office isn't funded to staff enough people to go out and beat the streets for these NCP's- and really, the CP is often the best resource for this information- in locating an NCP. The CP knows who their family is, who their friends are, etc.

I'll put it this way- right now- I have my mail and my drivers license at my mom's address, I live in a house owned by her, and the utilities are all still in her name. But for the fact that everyone knows where I work- were someone needing to find me- they couldn't. The conventional methods wouldn't work- and I'm not even 'trying' to hide- so imagine an NCP working at a mom/pop place getting paid in cash, living 'with' someone else- nothing in their name- you cannot find them. It's not like an NCP owing tons of money to child support even has to bother applying for credit to have all the info updated- because that child support is ON their credit.

My daughter's father is married- lives with his wife. House? Rental in her name. Phone? In her name. Car? In her name. Working? As far as I know- no. But everytime we (I or CSE) find him at a job- he quits. When they go looking for him at his/her house- she tells the sheriff's dept he no longer lives there. The sheriff has no time to sit and verify she's lying.

Given that the Federal budget has slashed a good portion of money that normally goes to CSE programs, I see the percentage of non-paying NCP's going up, rather than down.
 

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