Attorney's assistance in CS collection

[stmfitr636]

What is the name of your state? MI, Wayne county

Is there a benefit in using an attorney's assistance in attempting to collect CS arrears and CS?

How are they likely to get paid... 1/3 what is collected or otherwise?

CP has seemed to hit a stumbling block and arrears have passed the $125k mark.

Any information on the process or success would be greatly appreciated.

History:https://forum.freeadvice.com/showthread.php?t=363148&highlight=stmfitr636

 

[quincy]

I am surprised the state has not already stepped in to assist with collection of a sum that large. Michigan often does county wide sweeps, rounding up "deadbeat" parents who are behind in support payments.

You can certainly hire an attorney to help you with collecting the arrearages. The arrangements you make with an attorney as to pay would be up to you and the attorney. I am sure you could find one willing to take a percentage of the amount collected.

There are various avenues open to you in collecting what is owed. In Michigan you can file for contempt of court, which can result in the arrest and imprisonment of the deadbeat parent. Child support liens can be placed on any property owned. Garnishments of bank accounts can be ordered. Licenses (driver's, fishing and hunting, professional and occupational) can be suspended until the arrearages are paid. There can be withholding orders placed on employment paychecks. Passport applications can be denied. And tax refunds can be diverted from deadbeat to child.

You can send a letter to the Attorney General, Mike Cox, who has had child support collection as his number one priority since taking office.

 

[stmfitr636]

Thanks for the response.

We've tried most of those methods. Had a caseworker with AG and had investigation. Within a few months, they completed their investigation. He was garnished 2x weekly payment for a period of 90 days (same as his probation) during which time the AG filed for a felony warrant for non-payment. They saw that he was "making regular payments" and the motion for the warrant was denied. The last payment was made prior to us receiving this information. It was the only payments that he has made since the orders were signed in '92.

We attempted to pursue with AG case worker only to get stone walled and told that we'd have to start all over again... starting with FOC... hich we attempted to do by filing a show/cause hearing. They denied us even the S/C hearing due to not being able to verify his address (which is a mystery to us, as he has not moved) but some way is refusing his mail or changed his mailing address to a P.O. box.

We'd love to have him served over the holidays, as he is supposedly coming to visit (within a mile of us) but cannot give a date for hearing because they won't file one without a "verified" address. Kinda a catch 22.

Letters and correspondences from several of our Senators and Governess have only seemed to cause animosity with our AG caseworker.

Edit: Apparently (we were told) that $125,000 is not a lot of arrears... certainly not remarkable.

 

[fairisfair]

Thanks for the response.

We've tried most of those methods. Had a caseworker with AG and had investigation. Within a few months, they completed their investigation. He was garnished 2x weekly payment for a period of 90 days (same as his probation) during which time the AG filed for a felony warrant for non-payment. They saw that he was "making regular payments" and the motion for the warrant was denied. The last payment was made prior to us receiving this information. It was the only payments that he has made since the orders were signed in '92.

We attempted to pursue with AG case worker only to get stone walled and told that we'd have to start all over again... starting with FOC... hich we attempted to do by filing a show/cause hearing. They denied us even the S/C hearing due to not being able to verify his address (which is a mystery to us, as he has not moved) but some way is refusing his mail or changed his mailing address to a P.O. box.

We'd love to have him served over the holidays, as he is supposedly coming to visit (within a mile of us) but cannot give a date for hearing because they won't file one without a "verified" address. Kinda a catch 22.

Letters and correspondences from several of our Senators and Governess have only seemed to cause animosity with our AG caseworker.

Edit: Apparently (we were told) that $125,000 is not a lot of arrears... certainly not remarkable.

so, hire an attorney and/or file a petition to enforce the child support order yourself, and hire a private service company. Just because the AG is involved in your case does not prevent you from seeking the same remedies under the law as anyone else.

 

[Zephyr]

so, hire an attorney and/or file a petition to enforce the child support order yourself, and hire a private service company. Just because the AG is involved in your case does not prevent you from seeking the same remedies under the law as anyone else.

research that option well before taking it though, when some of these companies "buy the debt" it then becomes debt that can be removed through bankruptcy....whereas cs cannot


can't you have a professional process server serve him at home or work

 

[fairisfair]

research that option well before taking it though, when some of these companies "buy the debt" it then becomes debt that can be removed through bankruptcy....whereas cs cannot


can't you have a professional process server serve him at home or work

I was talking about having him served court papers herself verses having the AG office involved. NOT about hiring a private collection agency.

 

[Zephyr]

I was talking about having him served court papers herself verses having the AG office involved. NOT about hiring a private collection agency.

oh..good!!! phew...sorry

 

[fairisfair]

oh..good!!! phew...sorry

no problemo, I wouldn't trust one of those collection places for anything. but that is just me.

and I am not so sure about Quincy's idea either...a lawyer who works on contingency on a child support case?? Is there even such a thing, and if there is, is it a good thing???

 

[quincy]

Yeah, Quincy's idea is probably not realistic. I was looking at the $125,000 figure, however, and could see a few poor attorneys salivating.

Michigan's Friend of the Court system is a mess, and has been for several years, especially the Wayne County offices. There is serious talk in Lansing about privatizing the system. Computer glitches and extreme understaffing are only part of, what could be, a much wider problem. We have actually been investigating potential embezzlement and fraud within the system for awhile now. Child support is being collected, often through garnishment of wages (which is now required on any new support orders), but it is not always being disbursed. Heads may eventually roll.

If stmfitr636 has an employment address for her ex-husband, having wages garnisheed, and tracking down a home address, should not be causing a problem. The wage garnishment order should not have been lifted, and I am really surprised that the employer is still not deducting ordered amounts from paychecks. Employers are only allowed to stop payments with a court order or, of course, if the employee is no longer employed there (which I suppose could be the case here). Also, a street address is required under FOC rules, so I am puzzled by this P.O. Box only, as well.

The $125,000 arrearage is an ususually high amount of past due support, and amounts this high are supposed to be reported to the state automatically by the FOC, for state collection efforts to begin (deadbeat sweeps, tax refund and license withholding, etc). Any attempt to renew a license would result in arrest. But, again, the FOC in Michigan is a mess, so I guess I am not surprised if there has been some sort of a foul-up.

At any rate, I suggest continued contact with Bruce Patterson, Nancy Cassis, and your District Representative. Also, continue writing to Mike Cox. I would suggest calling the FOC offices, but that is too often an exercise in futility. And checking out attorneys who may assist you with this is not a totally out-of-the-question idea.