Thursday, September 5, 2019

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?

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