Child Support Enforcement

[idkwhat2do]

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

My x husband has not paid child support in about 4 months. I called the support office to ask what I should do and they said I could just call and let them know (this is the first time in 6 years of dealing with months of no payments that I have done this).

I recently received a letter from the child support enforcement office. They said that there was going to be a conference and that I was not required to attend, but that I was encouraged to attend.

I really do not feel comfortable being around my x husband and would prefer not to go (domestic violence/stalking/harassment reasons). However, if my lack of attendance could affect the outcome of this conference, I will attend.

Is it recommended that the payee attend such things? If I do go, will I need to bring an attorney? I am not even sure what happens at these hearings? Do I need to bring anything? I did try to contact the office for info, but they never answer or return my calls.

I can provide any additional info if needed. I really just want to know what I'm going to, what to expect and what to bring!

 

[goddessoflubboc]

You could request to participate via phone, but if you live reasonably close to your DRO or don't have a protective order, it will likely be denied.

Your interests (meaning the child's of course) will be best served if you appear.

If possible have someoneaccompany you to walk in/out with you.

As someone who has btdt, you'll need to work through it. I'm in my 29th year of putting up with my ex's crap, and he did some horrific things.

 

[2lil'angels]

Attend the meeting!
When I had my first meeting with the ex, an officer walked me to my car, because he had not just him but 3 other people come for a child support meeting and I felt uncomfortable. So if you are uncomfortable and don't have anyone to go with you just ask the deputy and they will escort you to your car. Or they will make the other person wait until you are outside before letting them go.

 

[idkwhat2do]

thank you!

I will be going to this enforcement conference. It's not that I can't support my son on my own income, but if he is entitled to pay, I can't let him get off just because I don't need it, heck I'll save every penny of it so my son has a decent amount to start life with. I will just have my fiance escort me to the building and wait for me to get out at the door.

My main concern is I'm not even sure what's going to happen at this conference? Do I need my lawyer? What information do I need to bring? Pay stubs etc? I'm pretty scared not even understanding what the purpose of this hearing is. I've looked all over online and can find nothing!

One more thing, there is a stay away order with a criminal case pending.

 

[EnforceSupport]

In all likelihood, you only have 3 relevant topics to address:

1) The amount you have, or have not received in support;
2) What you know about the other parent's income and/or assets;
3) What you know about the other parent's lifestyle.

There is NO reason at all that you should have to meet with the other parent, in a non-courtroom setting, in person. None.

You can offer to give your statements or testimony telephonically, or in writing.

Do what you're comfortable with. If in court, I'd attend, if not, I'd think twice.

 

[BL]

Most courtrooms these days have security deputies .

Notice them when arriving if there's a R/O ,or a chance of abusive confrontation by the other party .

Perhaps they can keep the other party in sight until you've had time leave afterwords .

 

[garrula lingua]

In a court hearing regarding Contempt/Enforcement, your testimony is required to :
1. Identify the defendant
2. Respond to his potential defense of his stating he paid you money directly
3. Respond to his potential defense of his stating that y'all lived together during the contempt period
4. Respond to the potential defense of his stating that the child lived with him (not you) during the contempt period

Additionally, he may claim he was in prison, in hospital, or otherwise unable/disabled and could not pay or borrow/sell anything to pay the child support.

Go to the hearing.
Remind them that there is Family Violence involved.
Ask if your address and phone # can be omitted from the order.
Ask them to keep him there after the hearing, to allow you to leave with a comfortable time allowance, or escort you to your car.
Good luck.

 

[EnforceSupport]

In a court hearing regarding Contempt/Enforcement, your testimony is required to :

Excuse me, people. The original poster did not say anything about contempt, nor even a 'hearing.' In fact, her post indicated to me that this was concerning an out of court 'conference', probably taking place at the offices of the administrative agency.

You all are welcome to make up whatever facts you want, and then respond according.

 

[LdiJ]

Excuse me, people. The original poster did not say anything about contempt, nor even a 'hearing.' In fact, her post indicated to me that this was concerning an out of court 'conference', probably taking place at the offices of the administrative agency.

You all are welcome to make up whatever facts you want, and then respond according.

Each state handles things a little differently. A "conference" in one state might easily be similar to a hearing before a magistrate in another. I do think that there was enough information in her original post to clearly indicate that this is, at least, an enforcement proceeding.

 

[BL]

Each state handles things a little differently. A "conference" in one state might easily be similar to a hearing before a magistrate in another. I do think that there was enough information in her original post to clearly indicate that this is, at least, an enforcement proceeding.

Even at that some places now have a Security Guard at child support enforcement offices .

The poster can check .

 

[idkwhat2do]

thanks all for the responses

A little more background:

My son's father abused him, so there are criminal charges pending, there will be a full trial soon. He is not in jail however, he posted bail right away. There is a stay away order.

I tried to no avail to get any info from the number I was provided on the letter I got. No one answers, I leave messages, I get no return calls. The meeting is tomorrow.

Another thing is, he's hired all the best attys to represent him for the criminal case. I know these cost a fortune, should he be allowed to pay for a expensive atty rather than take a public offender if he can't even pay CS? He also posted $3500 bail. But he can't pay a measly $75 a week?

I'm almost 100% sure that he is going to claim he isn't working. I know for a fact that he is, his own mother told me he is (didn't say where of course). If he refuses to tell where he is working, or if he is working under the table what can I do? I'm working my butt off here online trying to figure out where he's working!

It's not fair that I have all these custody legal fees because he abused my son, and have to take care of him myself 100%, while he gets the best defenders, comes into court wearing expensive clothes etc.

Also, he think's he's a "rap star" (I didn't know what I was getting myself into, I was 18 when I had my son). So I do have pics of him from off the internet with boxes and boxes of CDs he is selling (I know it had to cost something to have those made!)

Any help on how to find out where someone works?!
Thanks so much for all the input! and sorry if I rambled a bit, I'm trying to gather everything I can before tomorrow. I'm not even scared anymore, let him violate the stay away order and I will get him for that too!

 

[EnforceSupport]

What EXACTLY is on for tomorrow?

Is it at a CSE office, or, in court?
Is it a status conference of some type, or, a hearing to determine certain issues (i.e. arrears, modification, payment plan, contempt, etc.) ???

Thanks.

 

[idkwhat2do]

this is exactly what it says

"Your Case with (NAME) is scheduled for an enforcement conference for the defendant on Tuesday , February 23, 2010 at 10:00 AM at SUPPORT COMPLIANCE UNIT"

He hasn't paid CS in about 4 months.

 

[EnforceSupport]

His appearance is really much more important than yours, is my thought here.

I'd refer you back to my post above, #5. If you have any info, bring it and be prepared to discuss.

You may want to ask the hearing or CSE officer (outside the presence of your ex and his attorneys), whether a levy can be made against the unearned fees (advancecd retainer) which your ex has paid to his criminal attorneys, in enforcement of your support arrears. There can be some tricky issues (especially in when the fees were for criminal representation), but, it's worth a try.

Another idea is to ask CSE to obtain a "seek work order" where your ex would be required to look for work and report back on his progress at regular intervals. (This would be an appropriate request if your ex claims that he is not working.) While a court cannot force someone to take a job, often, they can force someone to look for a job and if they don't, they're failure may subject them to contempt penalties. (This is different than a finding of contempt based on willful unemployment or underemployment.)

 

[idkwhat2do]

whew! thank you, i'm printing this whole thread out and will do everything I can. I will post back tomorrow what happened.

Again, thank you so much for your time and advice!