Showing posts with label child support enforcement. Show all posts
Showing posts with label child support enforcement. Show all posts

Saturday, February 10, 2024


ACES Child Support Logo
ACES, The Association for Children for Enforcement of Support. We banded together from 1984 until 2008 under the motto, “Together We Can” to improve child support laws and their enforcement throughout the USA. ACEs was founded by Geraldine Jensen in Toledo, Ohio.

    Our History



 “ACES”, Association for Children for Enforcement of Support – History of the Organization

ACCOMPLISHMENTS OF ACES

 ACES Works! Improving Child Support for America’s Children 

1984ACES is founded by  Geraldine Jensen in Toledo, Ohio. ACES successfully advocated for legal representation for welfare and non-welfare families entitled to support.
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1985Income withholding at the time an order is entered during divorce or paternity. Law passes Ohio Legislature. This is ACES’ first legislative advocacy! ACES opens an office upstairs in the YWCA building in downtown Toledo.
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1986ACES becomes the largest child support advocacy organization in the U.S. with 45 chapters in Ohio and chapters in 16 other states.
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1987The first national candlelight vigil is held on April 27. ACES president Geraldine Jensen testifies before Congress to outline problems with state child support systems and to advocate for a law for income withholding at the time of divorce or establishment of paternity.
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1988Family Support Act is passed by Congress; it includes ACES suggestions for income withholding, mandatory guidelines, and paternity establishment. ACES leaders from 15 states are appointed by governors to state guideline committees. Five states enact felony non-support laws due to ACES advocacy.
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1989ACES holds its first national “Golden Heart and Heartless Awards.” ACES files a federal lawsuit against the Texas Attorney General’s office. ACES successfully advocates for regulations for time frames for government child support agencies to follow.
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1990U.S. Interstate Commission on Child Support is established. ACES is represented by Geraldine Jensen. ACES leaders in 18 states participate at a public hearing held by the Commission.
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1991ACES’ book, “How To Collect Child Support” is published by Longmeadow Press.
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1992Congress enacted the 1992 Child Support Recovery Act, which makes it a federal crime on interstate cases if the non-payor fails to pay for one year or is $5,000 behind, whichever occurs first. ACES chapters throughout the nation advocated for this new law!
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1993A total of 100,000 families entitled to child support contact ACES for information. ACES is featured on several national TV shows and magazines. Thirty-four ACES leaders are appointed to serve on state child support guideline committees.
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1994Mercy Hospital donates a $100,000 building! ACES has a new home!
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1995ABC made for TV movie, “Abandoned and Deceived” airs. The movie is the story of ACES founding and highlights the plight of families owed child support.
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1996ACES successfully advocates for the government to become a model employer for child support by the implementation of personnel policies that require government employees to meet Child Support obligations this policy is for all Federal Employees. Ten states and the cities of Chicago and Toledo followed by uniformly adopting these policies for State and City workers.
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1997ACES successfully advocates for a general accounting office investigation of the state's $2.6 billion expenditure on statewide child support computers that our member report doesn’t exist or are not working. GAO Report verifies ACES findings. ACES Chapter provided Welfare Reform information to families transitioning from welfare to self-sufficiency 88% of those who follow ACES programs become self-sufficient when Child Support payments are joined with available earned income.
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1998ACES successfully advocates for the Deadbeat Parents Punishment Act which makes it a federal felony for parents to evade child support obligations by crossing state lines. ACES received national media attention when LIfetime Cable TV re-airs ACES Movie, “Abandoned and Deceived”. the movie, starring Lori Laughlin, is the life story of ACES founder Geraldine Jensen and her sons Matt and Jake.
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1999ACES successfully advocates for a new statewide child support enforcement government system in California. the new system is no longer operated by county District Attorneys, rather a statewide uniform system is created which will be implemented throughout the state within the next two years. ACES opened a new state office in Nevada so ACES now has offices in Sacramento, CA, Reno, NV, Chicago, IL, and Long Island New York in addition to our National Headquarters in Toledo, OH.

2000
ACES organizes lobby efforts to assist children of federal employees to receive medical support. Congress acts to make federal employees have to provide health insurance for their children if a medical support order provides for insurance coverage, this assists at least 200,000 children in obtaining health insurance
2001
ACES calls for an investigation of the State government which has failed to distribute over $100 million in child support payments that have been collected. As a result, the U.S. General Accounting Office undertakes an in-depth investigation and files a report with Congress.
2003
ACES leads an investigation into Ohio’s failure to properly distribute child support payments to the poorest families, those who had been on welfare.  The investigation resulted in the State of Ohio refunding $15 million to families in need.
2004
Ms. Jensen retires from ACES after 20 years of service. 
2008
ACES Officially closes due to lack of funding, a victim of the Great Recession


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?

Sunday, September 1, 2019

Filing State Criminal Non-Support Charges

CRIMINAL CHILD SUPPORT
ENFORCEMENT

sheriff’s car going after parent for not paying child support

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
MAN DOING ROOFING AS UNDER THE TABLE WORK

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


construction workers

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?

mom and baby

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:

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