Interstate Child Support

[Mamabear2003]

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

I'm hoping someone can help me with this one, I'm at my wits end. Long story short, I was never married, never lived with my child's father. There was a CS case put into effect in the original state she and I lived in (he resided in another state). He fell WAY behind in support, made promised to pay arrears starting on a certain date, that was over 3 years ago. Just about 2 years ago, my child and I moved to another state and I had the entire case transfered here. Apparently, the UIFCA (??) was never done properly where the order originated. Once I brought all the certified documentation to my CS Unit here, they started the ball rolling.
Apparently, it was now shot back because the obligor moved (for the 4th time in a year) to another county in his state. I'm back at square one.
In the meantime, he owes excess of 23 thousand. Visitation is a completely seperate issue (which I wish someone could help me with too).
I heard there was a motion I could fill out stating he is "willfully not attempting to pay his child support". Does anyone know if this is true? I've tried to contact the CS Unit up here and they said they heard of it, but they don't know where it comes from. I've been all over the state web site and the motions to fill out look similar, but I get lost in all the law talk.
I'm fighting this fight for the sake of my child, and just feel as if no one is listening in these courts. I've done everything I can think of to get help and I'm just going around in a terrible cycle. Unfortunately, it's my little one who loses out because of his immaturity and refusal to pay support.

Thank you for any advise you can offer.

 

[stealth2]

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

I'm hoping someone can help me with this one, I'm at my wits end. Long story short, I was never married, never lived with my child's father. There was a CS case put into effect in the original state she and I lived in (he resided in another state). He fell WAY behind in support, made promised to pay arrears starting on a certain date, that was over 3 years ago. Just about 2 years ago, my child and I moved to another state and I had the entire case transfered here. Apparently, the UIFCA (??) was never done properly where the order originated. Once I brought all the certified documentation to my CS Unit here, they started the ball rolling.
Apparently, it was now shot back because the obligor moved (for the 4th time in a year) to another county in his state. I'm back at square one.
In the meantime, he owes excess of 23 thousand. Visitation is a completely seperate issue (which I wish someone could help me with too).
I heard there was a motion I could fill out stating he is "willfully not attempting to pay his child support". Does anyone know if this is true? I've tried to contact the CS Unit up here and they said they heard of it, but they don't know where it comes from. I've been all over the state web site and the motions to fill out look similar, but I get lost in all the law talk.
I'm fighting this fight for the sake of my child, and just feel as if no one is listening in these courts. I've done everything I can think of to get help and I'm just going around in a terrible cycle. Unfortunately, it's my little one who loses out because of his immaturity and refusal to pay support.

Thank you for any advise you can offer.

Well... I've heard that in Nevada, you can go out to the dam and yell three times that he owes you money and he is obligated to pay. Also, in some states, you can have a spell cast on him that will make him impotent. There is also the possibility of going into the rain forests of South America and finding a witch doctor. If you are deemed worthy, s/he can make it so that every time you think of him, he breaks into a rendition of the Barney song.

Best of luck - I am certain one of these suggestions will help you.

 

[Antigone*]

I heard that in California you can get the Terminator to go after the dead beats.

Hope that helps.

 

[CourtClerk]

I heard that in California you can get the Terminator to go after the dead beats.

Hope that helps.

West Virginia allows you to go grab one of their deer.

 

[CourtClerk]

Wisconsin:
Wisconsin allows for you to take 1 week's worth of cheese without a court order

Idaho? Potatoes. One month of potatoes.

 

[stealth2]

GA lets you go all Deliverance.

 

[stealth2]

And.... in AZ... he has to go broke.

but only back in the mountains.

 

[Proserpina]

Washington will give you lots and lots of rain.

And apples.

North Dakota? TONS of snow. Heckuva lotta snow.

 

[garrula lingua]

OP,
I think what you are referring to is a criminal charge for nonpayment of child support. The Penal Code differs from state to state, but each provides the ability to bring criminal charges against the "Obligor" (the one who owes child support) for 'wilfull nonpayment' or 'failure to provide' or similarly worded charge.
The problem is, most District Attorneys will not bring those charges; they prefer to leave enforcement of child support to the Child Support Agency in each state.
I wouldn't spend time searching for such an elusive tool.
Instead, follow up with your state's Interstate Unit.
They should check for residency of your ex and simply send an Interstate Petition to the county in his state (your state is the Initiating state, and his state is the Responding state).
The Interstate Unit in your state has to get the responding state on the phone and confirm which county in the Responding state will take the case. Moving from county to county to avoid an Interstate petition can be stopped, cold, by the Responding state.
Whichever county where they can prove he has/had residency is the one where they should file (he probably wouldn't be able to argue venue (the correct county) anyway.
You need to complain to your state (they are the ones who originate the Interstate Petition to a particular county and they can correspond with the Responding State).
Call your Child Support Agency and ask for an 'Ombudsman' or whomever is taking complaints about lack of service. Get it documented that you are not receiving the service which should be provided by your agency.
It doesn't hurt to also complain to your local/Congressional epresentative. They will relay your complaint and request that the CSA report the resolution to them.
Start complaining to the right people: 1. Ombudsman 2. Local political representative.
Good luck.

 

[stealth2]

The place to go, though... is Russia. THERE, they will provide vodka.

 

[mistoffolees]

Come on, the lady has a serious question (although I'll take the free cheese and vodka if anyone wants to send me some).

The way it works is this:

If a person doesn't pay their support obligation, you have 2 options:

1. You can try to get the state Child Support Enforcement office to collect. They have some resources that you don't have (for example, they can grab any tax refund he might receive). As you can see, this is a slow process and can be circumvented. But it's free - and they do their best. One option is to continue to work with them and give them all the information they need to go after him - and be patient.

2. If that isn't working, you can file for him to be held in contempt (typically a 'show cause' order or perhaps it's a willful failure to pay child support in your state). Call the county clerk in the county where the order is and ask for forms to file for contempt (or look them up online). If you have an attorney, it's an easy thing to get done. Even without an attorney, it's not too difficult, just read all the rules and procedures in that county to make sure you do it right.

If you file for contempt and he is found to be in contempt (which is likely if you have the evidence to back up what you say above), then the judge has a number of options. Most often, the judge will give him a serious reprimand and tell him the money needs to start flowing immediately. If he refuses, he could go to jail.

Keep in mind one other thing - you can't get blood from a stone. If he doesn't have money or is willing to give up a large portion of his life to evade child support, it may not be possible to collect (*). You really need to get your life in order so that you can support yourself WITHOUT relying on child support, then if you get the CS, it's gravy.



* It really amazes me how much people will mess up their lives to avoid paying CS. Even aside from the clear moral obligation to support their kids, it doesn't make sense. By changing jobs every few months and even taking only jobs with unethical employers who will pay them under the table, they're clearly hurting their career prospects FAR MORE than the 20-25% that's likely to be taken out for CS.