How to Collect Child Support Without Going to Court

WAYS TO COLLECT CHILD SUPPORT WITHOUT GOING TO COURT

ADMINISTRATIVE ENFORCEMENT

“I work part-time while raising my 4-year-old son, Austin. My child has gone without the food he needs, I have been forced to pay bills late and faced shut-off notices. We need to collect the child support money that the court ordered.” - Sherry, single parent

The Administrative Process is easy, and quick, and offers many ways to collect support.

• Income withholding is the main administrative collection method. The non-paying parent’s wages are attached to collect payments. Each State has a New Hire Reporting process as part of the State Parent Locator Service (SPLS). When a person is hired, a copy of their W-2 is faxed to the State Child Support Agency which matches it against the child support order records. If a match is found, the employer is told to attach the person's paycheck to collect child support payments. You can also obtain an income- withholding by representing yourself in court, using the government child support agency, or hiring a private attorney.
• This is available on in-state or out-of-state cases.
• It takes about 45 days to complete the process, about 4 to 6 weeks to get a check.
• Income withholding is used to collect current and payments of back support.
• Be sure to follow up with your State government child support agency to ensure they act promptly on your case.

MORE WAYS TO COLLECT SUPPORT WITHOUT GOING TO COURT

1. State government child support agencies' computers are required by Federal law to do data matches with other government agency computers to find assets. Records matched include Department of Motor Vehicles, Taxation, Unemployment, Welfare, Corrections, and more.
2. State government child support agencies should attach the nonpayor's Federal Income Tax Refund to collect back support.
3. Bank account attachment is done under the Financial Information Data Match (FIDM) system. This is when government child support records are matched with private bank account data.
4. Retirement 401(k) pension funds, Worker's Compensation, and Unemployment Compensation are attachable to collect child support.
5. Driver's licenses and professional licenses can be suspended or revoked for non-support (judicial action is required in some states).
6. Attachment of judgments, settlements, and lump-sum payments are required by federal laws.
7. Lottery winnings are attachable to collect child support.
8. Federal laws state that any missed child support payments become an automatic judgment but you may still need a formal “judgment” to execute against assets, or to seize assets.
9. Federal law mandates that the government child support agencies must place liens against personal and real property.
10. IRS Full Collection Service
11. Collecting from the Military or Veterans Administration
12. Collecting from Social Security Benefits, Bankruptcy Protection, and More

Problems getting the government agency to help you?  See Effective Complaining
Information about using the courts to collect child support. Interested in the history of Aces? Child Support Enforcement?

Geraldine Jensen, Founder of ACES in Toledo, OH

Geraldine Jensen founder of ACES (Association for Children for Enforcement of Support, Inc.) in Toledo, Ohio.  ACES became the nation's largest child support advocacy organization.
Gerri appeared on Good Morning America, CNN, ABC, Fox News, CBS Morning Show, and the Today Show just to name a few. Her life story was an ABC Movie of the Week special presentation, Abandoned and Deceived the Geraldine Jensen Story

• Recipient of the Heinz Award for Public Policy and the Gleitsman Citizen Activist Award (1996)
• Championed the federal income-withholding and criminal non-support legislation enacted by Congress which has doubled the child support collection rate in the last 5 years
• Testified before Congressional and Senate committees about child support issues
• Testified before numerous state legislatures
• Designed, implemented and developed programs and public policies for improving the child support system at the federal and state level
• Authored Child Support: A Complete Reference (1999, 2004) an up-to-date state-by-state manual of policy, practices, and statistics, and How to Collect Child Support, 1st, 2nd and 3rd editions
• Public Service
• . U. S. Commission on Interstate Child Support.
• U. S. Department of Health and Human Services Child Support Advisory Committee
• Ohio's Joint Legislative Domestic Relations Task Force and Ohio Commission on Fatherhood, Ohio Child Support Enforcement Commission

The Geraldine Jensen Story

Geraldine Jensen is an improbable heroine. Over 20 years ago as a divorced mother of two sons, she found herself destitute, homeless and unable to support her family. Her ex-husband owed more than $12,000 in child support, but local officials rebuffed her pleas for help because her ex-husband had moved and could not be located. She did her own research to find his address and employment information, but officials said their hands were tied because he lived out of state. Finally, a local prosecutor complained, "I'm sick and tired of you women whining and complaining about your child support. If you think you can do a better job, go do it."

So she did just that.

With $8.86 of her last $12.00, Ms. Jensen purchased a small ad in the Sunday edition of the Toledo Blade newspaper saying, "Not Receiving Your Child Support? Call Me." A number of custodial parents in similar situations responded. She organized a meeting and within two weeks founded the Association for Children for Enforcement of Support (ACES).

Since that modest start, ACES has grown into the nation's largest child support organization, with 400 chapters in 48 states and more than 50,000 members nationwide. The organization has helped empower thousands of desperate custodial parents, most of them women, to obtain the money courts ordered paid for the support of their children. The federal Office of Child Support estimates that more than 20 million children are owed more than $83 billion in court-ordered child support. Many women, like Ms. Jensen herself, wind up on public welfare for a time because of non-support.
Ms. Jensen has also become a leading advocate of system reform.

Under old laws, parents were not bound by child support orders of one state if they moved to another, and many non-custodial parents moved from state to state to dodge their responsibilities to their children. Ms. Jensen was a catalyst behind passage of the 1992 Child Support Recovery Act.

That law makes it a federal offense to avoid child support if you live in a state other than where your children live. She has also been instrumental in the creation of a national computer network linking child support information from all the states, including laws that allow support to be collected through a payroll deduction.

 In 1995, ABC produced a made-for-television movie called Abandoned and Deceived, based on Ms. Jensen's struggle and the creation of ACES.

Geraldine Jensen embodies the uniquely American can-do spirit. She is a woman who found herself in a desperate situation but refused to be broken by the difficulties she faced. She took her own adversity and not only turned around her own life and the lives of her two sons but created a movement that has alleviated poverty for thousands of other children.

She has committed 20 years to ensure that the children of divorced parents do not become victims of poverty because of unpaid child support. Her vision and hard work have mobilized and inspired custodial parents and that convinced lawmakers to close loopholes and stiffen the penalties on deadbeat parents.

Note: This profile is excerpted from the commemorative brochure published at the time of the Heinz awards' presentation.

Filing State Criminal Non-Support Charges

CRIMINAL CHILD SUPPORT
ENFORCEMENT

Criminal enforcement is an appropriate course of action when simpler ways, such as income- withholding fail. It is especially effective against self-employed non-paying parents and those who earn money under-the-table if you have been able to gather evidence that they truly have income. Criminal non-support charges can be filed in cases where both parents live in the same State and in interstate cases. However, the procedure differs based on the type of case:

1. Since criminal non-support must be willful. You will need to have proof of income or assets to show to the court.
2. Start by calling the County Prosecutor or District Attorney to find out if they need a police report or other documents from you to file charges. They might tell you that the case must be referred by the government child support agency―this is not true! Ask to speak to a supervisor. The elected law enforcement prosecutor is responsible to bring charges when child support laws are broken.
3. The County Prosecutor/District Attorney will review your case to determine if the State child support law was violated. If yes, they will either issue a warrant for the arrest of the non-paying parent or they will send the case to the grand jury to request an indictment.
4. Once a warrant is issued, the non-paying parent will be arrested by the Sheriff/Police.
5. Charges can be misdemeanor or felony―it varies from State to State (only the District of Columbia and Pennsylvania have no criminal non-support laws).
6. Call the Sheriff's Warrant Squad and give them updated information if they don't promptly pick up non-paying parent on the warrant. For example, say “John Smith, has an active warrant for criminal non-support, is at Joe's Bar at 5678 Main Street, right now.”
7. After the arrest, the non-paying parent is arraigned. He/she can plead: guilty, not guilty, or no contest.
8. If the non-paying parent pleads not guilty there will be a trial or plea bargain. If they plead guilty or no contest there will be a sentencing hearing in front of the judge.
9. A good outcome is that the non-paying parent is placed on probation and sent to jail if they miss payments or placed in a work-release program.
10. Monitor your case closely, and notify the probation officer if any payments are missed. If the probation officer fails to act, write a letter to the judge and notify him/her that the non-paying parent is in violation of their probation.

Collecting Child Support From an Under-the-Table Earner

COLLECTING CHILD SUPPORT FROM AND UNDER-THE-TABLE 

EARNER

This person works regularly and is usually paid in cash either on a daily 

or weekly basis - an under the table earner or working off the books.

 Ask your  attorney or the government child support agency to do a credit check to find assets.

If non-paying parent is purchasing a home, car, boat, etc., subpoena the credit application from the lender. Income will be listed on the application. If property is found, you can have a lien placed on it. When the property is sold, you will then have claim to part of the proceeds earned on the sale of the property.

Get pictures of the non-paying parent at work to show the court that he/she is truly working.

Gather evidence. For example, if the non-paying parent installs carpeting for cash, have a friend contact the non-paying parent and ask about prices, and obtain references from someone he/she has installed carpeting for in the past. These customers can then be subpoenaed or deposed to gather evidence needed to show the court that the non-paying parent has income and chose not to use it to support their children.

Once you have gathered evidence to show that the no-npaying parent really does have income you can file a Contempt of Court motion with the court or possibly Criminal Nonsupport charges.

If you are unable to gather evidence to prove that the non-paying parent has income ask the court to issue a seek-work order.

Unemployed Parent Owes Child support

If the parent who is not working is receiving unemployment 

benefits:

Attach Unemployment Compensation

Unemployment Compensation benefits are attachable for child support. Only the government child support agencies can attach unemployment compensation file an application for this service. You will most likely only receive a portion of the support due because unemployment benefits are usually not a large amount of money.

You need to know the nonpaying parent’s full name, correct address and social security number.

Obtain Seek Work Order

If the nonpaying parent is not collecting unemployment, request court action to issue a “seek work” order that requires the nonpaying parent to provide proof that they are looking for work.  Request the court order the unemployed parent o report in every two weeks to the government child support agency to show proof they are seeking employment. Often if they are really working or working under-the-table it is easier copay than report in.  Also they fail to report in they can be brought up on Contempt of Court Charges.

You can also place liens on property to secure arrearage if the parent is unemployed and if they sell the property you might be entitled to receive some back support due out of the proceeds from the property sale.

Collecting Child Support for an Employed Parent

Collecting Child Support From the 

Employed Nonpaying Parent

EMPLOYED NONPAYOR

This is the person who works a steady job and receives a paycheck from the company regularly.

State law requires that all new orders be paid through an income-withholding (also known as a payroll deduction, income deduction order, or wage withholding).

If your order is old and does not require the non-custodial parent to pay through an income- withholding order, the IV-D child support agency must file an income-withholding order to the non-paying parent’s employer upon your request.

You need to know the employer’s name and address and the social security number of the non- paying parent.

If you do not have this information, it is the responsibility of the child support agency to locate this information (see Locating Absent Parents).

If the non-paying parent lives out of state, file an Interstate Income Withholding, preferred to a UIFSA (Uniform Interstate Family Support Act).

What Type of Child Support Case Do You Have?

What Type of Child Support Case Do 

You Have?

TYPES OF ENFORCEMENT CASES

Here are the five most common types of cases and links to ways to collect child support for that type of case:

• Employed
• Unemployed
• Under-the-table earner
• Self-employed
• Lives out of state

You must have a legal child support order to collect support. Usually a divorce, dissolution, separation or establishment of pattern order include the child support order. See Get a Child Support Order