Child Support Enforcement

What is the name of your state (only U.S. law)? Louisiana

My ex-husband and I were married in Louisiana and had our two children here. 2 years into the marriage we moved to MA - where our marriage fell apart. (We lived there less than a year). Our divorce and subsequent custody and support cases were handled there in MA.

Now that he has become habitually delinquent in support (and medical coverage), I'd like to change the court of record to LA. This would not only be more convenient for me, but would also save me the cost of flying up to MA every time we have to go to court. Can this be done?

Thank you in advance for your help!

P.S. He is now almost 8 weeks behind in child support, and two months behind in health insurance premiums.

What is the name of your state (only U.S. law)? Louisiana

Can anyone tell me at which point the law gets involved in past due child support? My ex-husband is "self-employed" as a photographer, therefore negating the wage garnishment orders.

Thanks!

nolamom1 said:

What is the name of your state (only U.S. law)? Louisiana

Can anyone tell me at which point the law gets involved in past due child support? My ex-husband is "self-employed" as a photographer, therefore negating the wage garnishment orders.

Thanks!

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How far behind is he? Is he supposed to pay through CSEA? What is his monthly support obligation?

Currently he is 7 weeks behind. Our divorce and child support/custody was determined in MA, and the CSE division has told me that they'll suspend his driver's license after 8 weeks. Which won't make a difference since I'm sure he'll keep driving anyway, and certainly won't help me provide for my children.

Currently, he makes payments to Massachusetts DOR CSE and they direct deposit them into my account. The order is for $315/week.

I saw on the news this morning that it becomes a criminal case after it reaches $5000 in arrears, but I'm hoping there's something I can do before he's that much in the hole. Things are getting really tight for us...

nolamom1 said:

Currently he is 7 weeks behind. Our divorce and child support/custody was determined in MA, and the CSE division has told me that they'll suspend his driver's license after 8 weeks. Which won't make a difference since I'm sure he'll keep driving anyway, and certainly won't help me provide for my children.

Currently, he makes payments to Massachusetts DOR CSE and they direct deposit them into my account. The order is for $315/week.

I saw on the news this morning that it becomes a criminal case after it reaches $5000 in arrears, but I'm hoping there's something I can do before he's that much in the hole. Things are getting really tight for us...

Click to expand...

Not much (if anything) you can do. CSE taking action after he's only 7 weeks behind is WAY faster than in most of the country. A large number of people never receive child support.

You need to work on your budget to find a way to get by in case he never pays. And then, if he does, you're ahead of the game.

Thanks for the response, even though it wasn't what I wanted to hear!

nolamom1 said:

What is the name of your state (only U.S. law)? Louisiana

Can anyone tell me at which point the law gets involved in past due child support? My ex-husband is "self-employed" as a photographer, therefore negating the wage garnishment orders.

Thanks!

Click to expand...

Its difficult at best to collect CS. If they don't want to pay, they won't. They also get many many chances as well.
The wonderful state of Ohio is not doing much to collect the over 5 grand my x owes for CS. If he makes a payment once a month they say "he's making an effort". Technically if they do owe more than 5,000, live in another state than its a federal offense. Child Support Recovery Act of 1992 (CSRA), Pub. L. No. 102-521, making a willful failure to pay a past due support obligation, with respect to a child residing in another state, a federal offense. 18 U.S.C. § 228 The intent of the statute was to prevent non-custodial parents from fleeing across state lines to avoid paying their child support obligations and to facilitate recovery of unpaid child support
But they leave CS up to the states to collect and don't think, just my opinion, that a whole lot of NCP's are brought up on federally charges if they owe 5,000.

Why are you flying to Ohio? Usually, IVD Child Support courts allow telephonic appearances - it just has to be from a child support office ( for ID & swearing in purposes).
Check out where your local LA c/s office is, and ask c/s in Ohio whether your Ohio Judge will allow telephonic appearances from a CSE office in LA.; at least that would negate the need/cost of your travel.

If LA suggests that you register your order in LA, or give it to their interstate division to enforce, I would not do that. Ohio is faster at bringing him to answer & can take his DL & eventually jail him, if warranted.

OP didn't mention Ohio at all.

Someone else hijacked the thread, apparently.

Good catch, Pro.
OP, call the Ma court. I thought I saw Ohio as the other state. Pro caught my error - it's MA.

Does dad still live in MA?