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Hey! Remember me?? CS question..

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Grace_Adler

Senior Member
Thanks Whyte Noise. :)

Speaking of bench warrents, in NC, caseworkers don't have the power to issue anything. Even law enforcement has to go to the judge or magistrate to get a warrant. If CSE needs a warrant, they have to have the attorney who works for CSE ask for one and the judge will issue it. A person also has to be served first before they can issue a warrant for failure to appear. It doesn't matter if they have failed to serve them 100 times, they can't issue a warrant for their arrest unless they have been properly served and fail to appear.

As for the Patriot Act thing, I know in NC, they don't have a problem at all getting people's info. I know people that have child support cases, and getting public assistance and they have to check DMV records and all that and they don't have any type of problem whatsoever. The Patriot Act is supposed to give government agencies more access to info, not less. I don't know why they're having such a hard time, but other ones aren't. Regardless, it is still their job to help locate "absent" parents- I believe that's the term they use. And if it wasn't, then they wouldn't have it on a federal and state website stating so. So they need to get on the ball and do whatever it takes. That's what they get paid to do. Their job includes, assisting in locating absent parents, establishing child support orders and enforcing them, so that's what they need to do.
 


txmomof2

Member
Texas Atty General

Just a few comments about dealings I've had with the Tx OAG in the last 15 years-

1)- there is a bill being proposed to cut almost 50% of the OAG workforce in Texas. If that happens, we can all but hang it up on child support enforcement unless the NCP is an easy find and is employed.

2)- dealing with State Reps is the only way to go with the TXOAG. A couple of years ago, my son's father wrote a $900 hot check in court. OAG issued me the money- when check bounced. When that happened, I was stuck with repaying the money- and at the time, it was being taken out of my DAUGHTER'S child support. The ONLY reason I got anything done on that and he ended up in jail was because I wrote letters all over the damn state of Texas to local representatives, and US reps. I work for a state agency, and I'm telling you all state agencies DESPISE legislative inquiries. I know that's the only way to be heard.

3)- I know someone who works at OAG office locally- and as far as locating NCP's- they just do not have the manpower to do it. If a CP files for child support and all she/he knows is the NCP'S name,- no ssn, no date of birth- no nothing- they do not have the manpower to hunt him down. They tend to concentrate on those parents that they actually have a chance of finding AND collecting from. Plus, without a picture- a sheriff's deputy can go to serve the NCP- he can ANSWER THE DOOR- and if he tells the deputy that "NCP" isn't there, they can't make him show ID. The law won't let him.
 

Grace_Adler

Senior Member
Thanks for the info but we're talking about GA and AZ, not TX.

Also, we understand that the less info they have on someone, the more difficult it is to find the person. The OP, does have enough info for them to begin doing a search. He also has a CS case open in the state of WA so they can always contact CSE there, to get any other info they need to begin searching for him. And as I stated, on a FEDERAL website and a STATE website, it specifically states part of their job is to assist in LOCATING absent parents. Bottom line. If that wasn't their job they wouldn't have it listed in the CSE handbook and manual and on those websites. It doesn't take a lot of manpower to sit in front of a computer and hit a button to access other government data bases, and that's exactly what they do because I've seen them do it. They sit at their desk and can access all kinds of data bases such as DMV, property, etc through the computer. And it doesn't take a bunch of people to make some phone calls. I know they have more cases than they do people, but that's one reason why they have such access to such info. And yes, they will make more effort to look for people who they know more about or owe the state money or for the CP who hounds them religiously as opposed to one who doesn't. But sometimes, the stuff they tell people is bull, just to shut them up and get them off thier backs or it may be that they don't know what they're doing, as I've run across that many times. Some of them don't know half as much as they'd like to think- that's probably why they have such a high turnover rate.

Second of all, the method of service in all states is different. In VA, if you get a summons, they stick it to the door of the address that is listed on the summons and you are considered served. It doesn't matter if you open the door, it doesn't matter whether you live there, it doesn't matter if the whether or someone else tears it from the door. As long as they stick it to the door, you've been officially served, period. So people have to hope to God that they don't send it to the wrong address or something doesn't happen to it, because if you don't show up, then they are coming after you.

In NC, they can leave it with whatever adult lives in the house and once that's done, you're considered served. They aren't interested in seeing IDs or who takes it. They could care less who they leave it with. As long as they leave it at the address on the summons, and it's off their hands, that's all they care about. It doesn't matter if you never get it or not, you've been officially served as long as someone takes it. Some counties will mail you a letter to come pick it up. If you don't pick it up, then they will go serve you at work, at home..doesn't matter.

So, if AZ works the same way, they can leave it with anyone at the address listed, and he'll be considered officially served. So, hopefully he'll find out and go to court or they'll issue a bench warrant for him.
 

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