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.

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.