Child Support

[DChristian112]

I heard from a mother who is collecting child support that in Minnesota, if the father is not paying, and he also owes arrears, that the state will pay it to me, and he will owe the state. Is there any truth to this "truth"?
I am owed over two thousand in arrears and I have not recived a full court ordered child support amount in almost a year. He has been ordered to pay 609.00 per month and that includes the cost of child support, day cay and medical costs. Can I go to the state and have them pay me everything he owes and keep up to date with payments, and then have the State go after the father?
One other piece to the puzzle, he is unemployed and collected unemployment compensation.
Can anyone offer any help or advice?
Danielle in Minnesota

 

[daniel123456]

childsupport enforcement{dannielle}

well first of all ask yourself the question does your ex-have a reasonable reason why he cant pay the support?i mean is it because he quit his job?or was he layd off?or fired?was he fired because of an illness?if it were for any reason besides being layed off,then you should seek the arrearages,that descision you should make,for your own conscience sake,first you could probably file with your local child-enforcement agency if he is under a court order to pay child-support.it may take awhile but you can have contempt proceedings brought against him,unfortunatly under those actions the cse agency has nearly unlimited powers of destruction against the father.they can utilize the tax,and levy laws,of which they could seize his un-employment checks,any real,or personnel properties,including,checking,savings,accounts,bonds,rental receipts,revocation of his drivers license{the license of which i am opposed against,no license no drive no work}
his fishing license,his hunting,they can take ones stocks,pensions,they can seize his cash surrender of his life insurance policies,and even incarceration for up to 2 years.once initiated you cannot revoke your application,there are also another action you can take,that is to file for welfare at your local d.s.s.office.that always spawns a near instant action by d.s.s.to locate,and attempt to collect the arrearages.because of the child-enforcement act of congress.it makes it then a compelling governmental issue.{the best intrest of the child}in any case he would have to prove burden that he cannot faithfully make those payments.but the arrearages would still continue,with intrest,even if a judge allows his reasons.and he would be required to re-emberse the social programs that were provided to your children,that in which would stay in an account that he would owe to the states,therefor insuring their security,that they will have the powers of enforcement,throughout the years,untill the child is emancipated{becomes of legal age,which varies from state to state 18 in some states,21 in others,or if the child marries}i am not an attorney,as usuall you should conferr with an attorney,or the local d.s.s. office to find out your options.i know what its like to be under pressure from those agencies,i would like to address that there is a serious problem with bias within those agencies,there always denying the father his fair representation,and equall protection,and they will force a person from poverty,to below poverty,by that oppressive legislations.
p.he can also ask for modification of the child-support,that of which if he proves that either you have gaind more income from another source{excluding social welfare}or he proves that he cant pay the amount based on each personnel situation,then the judge can also reduce the amount of supportnot the arrearages at all.

[Edited by daniel123456 on 05-31-2001 at 07:49 PM]

 

[DChristian112]

child support

There is court order that he pay. the problem is he was simply laid off. There were cutbacks in his company, and he is now receiving unemployment compensation. The other problem is my CSE has not been vey compliant with me and did not even acknowledge to me that they knew he was no longer working. I have sent letters and phone calls, and still no reposnse.

 

[daniel123456]

child-support{dannielle}

you have a right to asscert an action of complaint against your local child-support enforcement agency for its lack of compliance to the federal laws that require the states to provide in a timely manner,in which they execute there cases.if you feel that they have not complied in a timely way,you can request that they investigate the office that you filed your complaint against,may i note,that these offices have a back-log of cases,that seem to be unsurmountable,and every phone call takes away time that is needed to fullfill their compliance,if the state in which you reside in does not meet the federal standards they can have a partial,or all credit taken from them by the federal government.therefor it would be left up to the states to fund those departments.you can request an income offset by the d.s.s. office,and a garnishment against his un-employment checks.i know from my case it took nearly a year after she had filed for child-support before id even gotten the complaint.in my case she left in 1989,abandoned me,for 7.1 years denied me the right of fatherhood,or any parental rights,while i had voluntarly sent payments to her relatives address,untill she cursed at me and said she didnt want the money,or give me any visitation.she loved me,but not in love with me.she had previously given custody to her aunt,and uncle,the state in which she resided in faild to notify me of the custody exchange.and after such a long time period i started another relationship,and had 2 other sons,of which the courts wont recognize my responsibilities to them,unless we were to be seperated,thats why i said you know your situation,that will have to be your choice,for your childrens sake also,as i may perhaps be contrary,i try to look at every point of veiw,the fact remains that even though i feel oppressed by injustice,you have the laws on your side,if it were the otherway around,i would utilize the laws that are provided for me.good luck.....daniel p.s also there is a question wether or not if this is an instate,or out of state action?the laws are clear on the facts that the punishments or enforcements given to a defendant be given under the rules of law of the state in which the defendant resides,your home state if it gave exclusive juristiction to another state,can only request the state in which the defendant resides in to utilize that states laws regarding enforcements,in general all these agencies look upon his financial changes,as his responsibilities to report any changes of income,a raise,or a loss of wages.he will be charged intrest more than likely,again good luck.

[Edited by daniel123456 on 05-31-2001 at 09:32 PM]

 

[DChristian112]

Daniel, thanks for the advice, and I am sorry about your situation.
yes this is an instate order. We both live in Minnesota.
I think filing a complaint sounds right too, I was unsure if they had any legal right to unform me about his employment staus. Fortunately enough, he was kind enough to inform me himself in writting, so i have that on paper.
So, i file a complaint to the offices regarding the matter and my child support officer?
Do I ask to speak to the head of the Social Serives in this case?
Do you think I will need to go to court?
Danielle

 

[daniel123456]

{danielle}you ,and children have rights"

sorry for taking so long to answer back,as we had such a storm this evening even with all the protection,i didnt want that kind of lightning to disrupt my system.correct,you can file a complaint against the agency either by written,or personnely{which is perferred}but note that alot of the offices in the states where you can file a complaint,can either be district,or regional administrator.depends on the states system.and confide with the person in charge of the problems that you are having,in detail quotes,etc.there is an option to go to the head officer,though usually complaints that are initiated by another office,does seem to have more of an impact on speeding up your case.just by your local agency receiving a call from an office that investigates complaints,will spurr that department to rush for a resoulution,and put your case at top priority,no-one likes to be watchd.they become nervous.best of luck..daniel {[email protected]



[Edited by daniel123456 on 06-02-2001 at 10:23 AM]