Finding The Nonpayors Social Security Number to Collect Child Support

Ask The Child Support Expert –

Question: My daughter keeps getting told that the state won’t help her because she doesn’t have the fathers Social Security number. In the past, she has given them the location of work and home – phone numbers – family contacts but still nothing. Is this going to be the case everywhere – that if she doesn’t have his SS# then there is nothing that can be done?  –   Charlie S., MN

Answer: It is the state government child support agency’s responsibility to obtain the Social Security number from the Social Security Administration if they need it. Also, Social Security numbers are on divorce decrees (since 1997), insurance cards and policies, etc.. But it does not sound like they may need it since she has provided his address and employer in the past to the government child support agency. Your daughter should write a letter to the local child support agency’s supervisor asking for them to:

1. Follow up on the information she has already provided, and if he is still employed at that location to attach his wages for current and back support.

2. If he no longer works there, ask them to obtain his Social Security number and use it to access the State Parent Locator System to find his current employer and sources of income so that they can be attached to collect current and back child support. Or if, no assets are found he should be served with a legal notice for contempt of court hearing and be brought before the judge to enforce the child support order.

– Geraldine Jensen

Getting a Child Support Order

"I went to Queens Family Court first in May to get papers to serve my ex-husband to pay child support. We have a 4 1/2 year daughter. It has been three months and still no court hearing and no one has done anything to find out how much money he is earning so a fair child support order can be set. I don't know if I'm more upset about no hearing or what I would do at a hearing with no information!" -- Kitty, mother of Jessica

ESTABLISHING CHILD SUPPORT ORDERS

To collect child support for your child(ren), you must have an order for child support. Most often child support orders are part of a divorce or paternity decree. If you are separated or involved in a long divorce, you can get an order for child support for use during the divorce process by going to your local government child support agency. They can obtain an administrative or court order for you. If you were not married to the father of the child, paternity must be established before you can get a child support order.

A child support order can be issued by the local child support agency (administrative order) or by a judge. (referee, master, court commissioner) The amount of support that is ordered is based on your state's child support guidelines, which are the mathematical formulas used to determine the amount of support to be paid.

The child support order should include a specific amount of money to be paid per child, medical support (health insurance and payment arrangements for non-reimbursed expenses), tuition costs, and any other provisions for special needs or expenses related to the children. In some cases, spousal support (alimony) is included in the same or

Collecting Child Support From An Out of State Parent

PARENT LIVES OUT OF STATE

This person lives in a state different from where the custodial parent and children live. You can request the child support agency to process:

1. Interstate income-withholding if the employer of the non-paying parent is known (mandatory if the non-paying parent is one month behind).
2. Or use UIFSA (Uniform Interstate Family Support Act) to establish paternity and an order or to enforce an order.
3. Ask the County Prosecutor to file Criminal Charges under State Law
4. Ask the U.S Attorney to file Criminal Charges under Federal Law

Read more about each method to see if your case qualifies for that type of enforcement.

INTERSTATE INCOME-WITHHOLDING

(BEST AND EASIEST ENFORCEMENT OPTION)

If you have an order for support and the non-paying parent works in another state, use this method to collect current child support and payments on back support.

This is the easiest and most successful interstate child support enforcement remedy. If you do not know where the non-paying parent works, open a locate only case at the government agency and ask them to do a State Parent Locator. Under a locate only case, the government agency provides you with the information they find about the non-paying parent. You can then decide if you want to enforce the order yourself, hire a private attorney, or use the government agency.

This action can be started by you, by private attorneys, and by the government support agency.
The non-paying parent's place of employment must be known for this process. Send the completed Income-Withholding Notice to the non-payer’s employer.

INTERSTATE CASES: CIVIL ENFORCEMENT UNDER UIFSA

Under UIFSA, (Uniform Interstate Family Support Act), a government child support enforcement agency must provide services to any parent, on request. Services include the following actions:

• Take all steps necessary to enable a tribunal (court or administrative hearing) to obtain jurisdiction over the non-paying parent.
• Request that the State where the non-custodial parent lives tribunal (court or administrative hearing) set a time, date, and place for a hearing.
• Make a reasonable effort to obtain all relevant information, including information as to the income and property of both parents.
• Send appropriate notices and correspondence received from the State where the non- custodial parent lives to the custodial parent in a timely manner.
• Notify the custodial parent if jurisdiction cannot be established and therefore a hearing can not be held for establishment or enforcement of an order.

PRIVATE ATTORNEYS

UIFSA explicitly authorizes individuals to employ private counsel to represent them in UIFSA proceedings.

GATHERING EVIDENCE ACROSS STATE LINES

Interstate cases present unique challenges for completing discovery, submitting information, and presenting testimony by the parties. UIFSA has specific provisions for transmitting and admitting evidence, as well as provisions for obtaining assistance from another State. You have a right to participate in any court hearings via teleconference.

Under UIFSA, the physical presence of the custodial parent in the state where the non-custodial parent lives is not required for establishing, enforcing, or modifying support or establishing paternity. Under UIFSA, the same rules and procedures used in civil contempt cases apply and it is used to establish paternity or support orders on an interstate case.

Under UIFSA, you are represented by the government agency in the state where the non-paying parent lives.

PATERNITY ACROSS STATE LINES

In a paternity case, the DNA sample is gathered from the mother and child in the state where they live and from the alleged father in the state where he lives. The actual testing is done by a laboratory in the State where the DNA testing was ordered.