How to Collect Child Support

Question:My ex and I have been divorced for five years, I have recently remarried and have a daughter, too. My son is from the marriage that ended in divorce. We agreed on child support payments through our divorce at five hundred a month.

He receives benefits from a military discharge,he gets about 600 a month for that.

He is a plumber and works under the table and also has been a bouncer at night clubs and made money illegally. Now he is with a new girlfriend and all of the sudden is claiming that he can’t pay because he can’t find a job, but reports having applications out! He wants to file for a reduction in support payments claiming he has no income, claims he makes only 900 a month.

I work two days a week, and pay child care for those days, I am also responsible for his health insurance and always have been. I have an bright a child in special gifted enrichment classes through the school system, he is in band, ccd, scouts, and baseball all which I am responsible for paying, equipment and transportation.

What Am I to do? What are my rights in NJ. If he has always paid in the past without “reportable/ legal income” is he entitled to continue to do so . I know his military benefits cannot be used for determination if that is his only income. What if he has other jobs, can it then be factored into account? Any insight is greatly appreciated.

Answer:
He has a right to apply for a downward modification if he is making less money. You will be given an opportunity to challenge his income statement at the hearing.

So be ready, have a friend contact him and obtain a quote for plumbing job, have your fiend ask for references and usual rate of pay. Your friend can then testify about this and you can subpoena his “references” to prove he does indeed have more income than he is claiming. Also his military benefits and/or Social Security Disability Benefits are counted an attachable income, only Social Security Supplemental payments which are suppose to be temporary and less than $200 are protected from attachment.

Government Child Support Agencies (IV-D Programs) are Required to:

Under federal law to assist you in locating the parent who owes child support whether or not you receive TANF (welfare) benefits. The following services are provided through the IV-D program:

• Federal Parent Locator Service (FPLS) will provide the parent who owes child support Social Security Number, address, and employer and/or income information. The FPLS uses the most current information that is available from the Internal Revenue Service (IRS); Social Security Administration (SSA); National Personnel Records Center (NPRC); Department of Defense (DOD); Department of Veteran’s Affairs (DVA); Selective Service System (SSS); and State Employment Security Agencies (SESA). The information from the SESA is updated quarterly.

• State Parent Locator Service (SPLS) will check the social security number and name with the records of the following state offices: Employment; Motor Vehicles; Welfare; Worker’s Compensation; Taxation; State Employees; Corrections and Probation and some states access credit bureau records. The State Parent Locator can provide addresses, employers and unemployment and/or worker’s compensation benefits.

• Credit Bureau checks which can provide addresses, employers, and credit history.

• Criminal records which check local law enforcement agencies and can provide address from criminal records, traffic tickets, etc.

• IRS - 1099 form which provides asset information, bank accounts, businesses owned, social security number, etc.

• State Tax Offices records checks which can provide address and employer.
LOCATION RESOURCES
The following locate resources are available for you and DOR for finding an absent parent’s assets:

• Recorder’s Office or Clerk of Courts lists deeds to property.

• If parent who owes child support has a private business, check with the Secretary of State to see if the business is incorporated and verify the address of the corporation.

• Occupational and professional licensing bureaus: if the parent who owes child support is a doctor, dentist, nurse, X-ray technician, etc.

• Trade unions: contact state trade unions or the national trade union for the type of work the parent who owes child support does, such as electrician, plumber, etc.

• Contact the high school, trade school or college of the parent who owes child support. They may have a current address. They may also be the source of date of birth, and/or social security number.

MORE LOCATION RESOURCES
The following resources are available at the Reference Desk of any Public Library throughout the country. You can even call the local library in the county and state where you think the absent parent may be living to have them check this information:

• Telephone books

• City Directory: lists occupations and places of employment, has phone number listing which can provide an address.

• Criss-Cross Directories (the name most often recognized is Haines): You can find someone in this directory either by name, or by their current address or by their current telephone number.

• Internet sources

If your state has an agreement or enters into a reciprocal agreement with Belgium they can arrange for enforcement in Belgium and/or extradition back to the US. Below is a list of states and which countries have child support enforcement agreements.

Getting your state to have an agreement with Belgium ( if not already done) is the first step, here is link to a somewhat “old” letter to the states from the Federal Office of Child Support http://www.acf.hhs.gov/programs/cse/pol/DCL/2004/dcl-04-21.htm telling states who to contact to get these agreement set up.

From the State Department’s website:

“Contact your state child support agency to find out about the existence and provisions of a state-level arrangements with a specific foreign country. You can also find whether your state has a state-level arrangement with a specific foreign country by going to U.S. Department of Health and Human Services, Office of Child Support Enforcement (OCSE) Online Interstate Roster and Referral Guide (IRG) and selecting your state from the map, then going to section C “Reciprocity.”

The information contained below, drawn from the individual state reports, may not be entirely accurate as state reciprocal arrangements change without notice. It is wise to consult the most up-to-date information, which is available on the HHS home page.

Alabama: Ireland, Slovakia.

Alaska: Australia , Canada (only the following provinces: Alberta, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon Territory), England, Germany, Ireland, Mexico, Norway, Poland, Sweden.

Arkansas: Canada (all provinces), Germany, Ireland, Poland, United Kingdom .

Arizona: Australia , Canada ( including provinces of Alberta, British Columbia, Manitoba, New Brunswick , Ontario, Prince Edward Island and Saskatchewan); France, Germany, Ireland, Mexico, Netherlands, Norway, Poland, Sweden, United Kingdom , British Virgin Islands.

California: Australia , Austria, Bermuda, Canada (all provinces), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Mexico, New Zealand , Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom .

Colorado: Australia , the following provinces in Canada : (Alberta, British Columbia, New Brunswick, Ontario, Saskatchewan and the Yukon Territory), France, Germany, Ireland, Mexico, Norway, Poland and the United Kingdom .

Connecticutt: Australia ; Bermuda; Canadian Provinces: (Alberta, Nova Scotia, British Columbia, Ontario, Manitoba, Saskatchewan, New Brunswick); France; Germany; Hungary; Ireland; Mexico (the following 27 of 32 states: Aguascalientes, Nayarit, Baja California, Nuevo Leon, Campeche, Puebla, Chiapas, San Luis Potosi, Chihuahua, Queretaro, Coahuila, Quintana Roo, Colima, Sonora, Distrito Federal, Tabasco, Guanajuato, Tamaulipas, Guerrero, Tlaxcala, Hidalgo, Veracruz, Jalisco, Yucatan, Michoacan, Zacatecas, Morelos); Norway; Poland; Slovak Republic; United Kingdom ..

Delaware: Australia , Canada (the following provinces in Canada , Manitoba, New Brunswick, Nova Scotia, Ontario, Saskatchewan, Yukon; England, and Germany.

District of Columbia: None.

Florida: Australia , Austria, Bermuda, Canada (including Alberta, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory), Czech Republic, France, Germany, Hungary, Ireland, Jamaica, Norway, Poland, Slovak Republic, South Africa, Sweden, United Kingdom .

Georgia: Australia , Canada (the provinces of British Columbia, Manitoba, Alberta, Nova Scotia, Ontario, Saskatchewan), Germany, Hungary, Norway, Poland, Sweden, and the United Kingdom .

Hawaii: Australia , Germany and United Kingdom.

Idaho: Australia , Austria, Bermuda, Canada (all provinces), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Mexico (Referrals/Payments thru Consulate of Utah or California), New Zealand , Norway, Poland, Republic of South Africa, Slovak Republic, Sweden and the United Kingdom

Illinois: Australia , Austria, Bermuda, Canada (all provinces), Columbia, Czech Republic, Denmark, Fiji, Finland, France, Germany, Hungary, Ireland, Israel, Jamaica, Mexico, New Zealand , Northern Ireland , Norway, Poland, Scotland, Slovak Republic, South Africa, Sweden and United Kingdom.

Indiana: Australia , Canada (provinces of Saskatchewan, New Brunswick, Ontario, Newfoundland and Labrador), Norway, Sweden, Poland, and the United Kingdom.

Iowa: Australia , Canadian Provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Nova Scotia, Northwest Territories, Ontario, Quebec, Saskatchewan, Yukon Territories), France, Germany, Ireland, Jamaica, Poland, Scotland, Slovak Republic, Sweden, and the United Kingdom.

Kansas: None

Kentucky: , Australia , Bermuda, Canada (all provinces), Czech Republic, Hungary, France, Germany, Jamaica, Mexico, New Zealand , Poland, Republic of South Africa, Slovak Republic, Sweden and the United Kingdom.

Louisiana: Australia , Canada (provinces of Ontario, Alberta, Manitoba and Saskatchewan, France, Germany, Hungary, Ireland Poland, and United Kingdom .

Maine: Canada (provinces of Newfoundland, Labrador, and Quebec), Germany, Sweden, and United Kingdom .

Maryland: Australia , Canada (Provinces of Edmonton Alberta, Winnepeg Manitoba, Frederickton New Brunswick, St. John’s Newfoundland , Halifax Nova Scotia , Toronto Ontario, Charlottetown Prince Edward Island, Saskatchewan, Yukon Territory) , France, Ireland, Heidelberg Germany, Berlin Germany, Hungary, Jamaica, Poland, Sweden and United Kingdom.

Massachusetts: Austria, Canada (provinces of Quebec), Germany, Norway, Sweden, and the United Kingdom .

Michigan: Canada (provinces of Alberta, British Columbia, Manitoba, Nova Scotia, New Brunswick, Newfoundland, Labrador, Ontario, Prince Edward Island), France and Germany.

Minnesota: Australia , Austria, Canada : (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and Yukon Territories), Czech Republic, Germany, Ireland, Jamaica, Mexico, Norway, Poland, Sweden, and the United Kingdom .

Mississippi: Canada (provinces of Manitoba, Saskatchewan), Czech Republic, Ireland, Slovak Republic and Sweden.

Missouri: Australia , Austria, Canada (provinces of Alberta, New Brunswick, Northwest Territory, Ontario and Saskatchewan), Czech Republic, France, Germany, Hungary, Micronesia, Poland, Slovak Republic and United Kingdom.

Montana: All Canadian provinces and all countries with which the U.S. has federal agreements.

Nebraska: Australia , Canada (provinces of British Columbia, Manitoba, Nova Scotia, Ontario, Saskatchewan), Czech Republic, France, Germany, Hungary, Poland, and the Slovak Republic..

Nevada: Austria, Canada (provinces of Alberta, Saskatchewan, Manitoba, British Columbia, Ontario, Nova Scotia), Czech Republic, France, Germany, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic and the United Kingdom .

New Hampshire: None.

New Jersey: Australia , Bermuda, Canada (provinces of Alberta, Labrador, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Ontario, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Finland, France, Germany, Hungary, Ireland, Jamaica, Mexico, Norway, Poland, Slovak Republic, South Africa, United Kingdom .

New Mexico: Austria, Canada (provinces of Alberta, Saskatchewan, Manitoba, British Columbia, Ontario,- Nova Scotia), Czech Republic, Germany, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, and the United Kingdom .

New York: Australia , Austria, Canada (all provinces), Czech Republic, Germany, Greece, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, Sweden, United Kingdom .

North Carolina: Australia , Canada (provinces of Saskatchewan, Manitoba, Newfoundland, Alberta, Ontario, New Brunswick, and Nova Scotia), Germany, Hungary, Ireland, Poland, Sweden, and the United Kingdom , ,

North Dakota: Australia , Canada (provinces of Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan, Yukon Territory), France, Germany, Mexico, Norway, Poland, Sweden and United Kingdom.

Ohio: Australia , Austria, Canada (all provinces, except Nunavit), Czech Republic, France, Germany, Hungary, Ireland, Mexico, New Zealand , Poland, Slovak Republic, Sweden and United Kingdom

Oklahoma: Australia , Canada (provinces of Alberta, New Brunswick, Ontario, Quebec, Saskatchewan), Czech Republic, Germany, Sweden, United Kingdom , .

Oregon: Australia , Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Denmark, Finland, France, Germany, Hungary, Jamaica, Micronesia, Norway, Poland, Slovak Republic, Switzerland, United Kingdom and British Virgin Islands.

Pennsylvania: Australia , Canada (provinces of British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan), France, Germany, United Kingdom , Sweden, Ireland, .

Rhode Island: All countries with which the U.S. has federal agreements.

South Carolina: None

South Dakota: Australia , Canada (provinces of Ontario, New Brunswick, Territory of Nunavut, Yukon, Manitoba, Newfoundland, Labrador, Northwest Territories, Nova Scotia, Saskatchewan,), Czech Republic, France, Germany, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, Sweden, United Kingdom .

Texas: Austria, Australia , Canada (provinces of Alberta, Manitoba, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Saskatchewan, and the Yukon Territory), Czech Republic, Germany, Hungary, Mexico, Norway, Poland, Sweden, and the United Kingdom .

Utah: Canada (provinces of Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan, Yukon Territory), France, Germany, Mexico, Norway, Poland, United Kingdom.

Vermont: Vermont has no official arrangements with foreign countries.

Virginia: Australia , Austria; Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Islands, Quebec, Saskatchewan, Yukon Territory), Czech Republic, France, Germany, Hungary, Poland, Scotland, Sweden, United Kingdom, and Zimbabwe.

Washington State: Austria, Australia , Bermuda, Canadian Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Labrador, Nova Scotia, NW Territories, Ontario, Prince Edward Islands, Quebec, Saskatchewan; Czech Republic, Fiji, France, Germany, Hungary, Jamaica, Mexico, New Zealand , Norway,Poland, Slovak Republic, Sweden and the United Kingdom .

West Virginia: Not Available.

Wisconsin: Australia , Austria, British West Indies (pending), Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Northwest Territories (pending), Nova Scotia (pending), Ontario, Prince Edward Island (pending), Quebec (pending), Saskatchewan, Yukon Territory, Newfoundland and Labrador), Denmark, France, Germany, Hungary, Ireland (pending), Mexico (all states except Durango, Mexico, Oaxaca, Sinalos) New Zealand , Nigeria (pending), Norway, Palau (pending), Poland, Sweden, and the United Kingdom .

Wyoming: None “

Each county in the United States must provide child support enforcement services; however, each state uses different agencies. For example, in Ohio and Wisconsin the child support agency is called the Child Support Enforcement Agency; in Michigan it is The Friend of the Court; and in Texas it is the Attorney General’s Office of Child Support.

Child support agencies across the country are referred to as the IV-D (4-D) agency. IV-D comes from the 1975 Social Security Act, which created local child support enforcement agencies in every state. These agencies are all required to provide equal services to all families in need; families currently receiving public assistance, as well as, those that are not. When providing services, the IV-D agency must follow federal and state child support laws and regulations.
Required by Federal Law to Provide the Following Services:
• Locate Absent Parents
• Establish Orders
• Establish Paternity
• Enforce Orders
• Modify Orders
• Establish and Enforce Medical Support Orders
• Distribute Payments with -In Two Days of Receipt
• Operate New Hire Registry to Identify Noncustodial Parents Who Owe Support Sot He Wages Can Be Attached
• Attach State and Federal Income Tax Refunds to Collet Back Support
• Seize Assets to Collect Support
• More……

Who Does What in the Child Support Enforcement System

U. S. Congress - federal laws which are binding on states and approves funding for title IV-D of the social Security Act government child support enforcement agencies.

For example : federal funding for 66%of the cost of state/county Title IV-D Child Support programs

U. S. President - Responsible for Executive Branch of government with implement laws passed by congress and monitors expenditures approved in budget. Appoint Cabinet member, U. S. Secretary of Health and Human Services who is responsible for child support programs

State Legislatures - enact state laws which mirror federal laws and other laws which are in addition to those which do not change or decrease federal mandates in any way. Approve state budget for state/county child support enforcement programs and agencies. Affects all agencies involved: courts, prosecutors ( DA’s, state attorneys etc.), sheriffs, clerk of courts, county board of commissioner( supervisors, county legislature).

For example: in addition to the 66% federal reimbursement county agencies will receive ___ in state funding.

Designated State IV-D Agency: receives federal funding for state child support agency, has contracts with other government agencies and vendors to deliver services ( see list below). Responsible to implement laws and regulations( explanation of the laws), supervise staff/ vend-dor/contractors, responsible to ensure federal and state laws are followed and properly implemented. All contracors are paid with federal funds at least in part.

Organized in three basic ways:

State operated- most employees work for the state, contracts with prosecutors, sheriffs and vendors for some services

State supervised county operated: passes regulations for counties to follow and passes doewn federal funding to counties for operations. State supervises county implements.

Hybrid: State and county split authority and duties based on state specific laws and regualtions

Contracted and In-House Parts of a State Child Support System:
Caseworkers are employees of the state in a state operated system. They are employees of the county in a state supervised county run system. Hybrids include situation where caseworkers can either employees of either the state or county.

1. Intake- opening cases can be done at:

a. At the designated IV-D Agency
b. courts - at time of divorce or establishment of paternity
c. Welfare Agency- required when on goes on public assistance and other cases if this
agency is designated State IV-D Agency
d. by mail - required by federal law
e. Prosecutor ( DA, State’s Attorney, contract attorney) - if specified in their contract
f. Hospitals: - at time of birth for paternity cases - if specified in their contract
g. other - as specified in contract

2. Locating Absent parents and their income and assets

a. Designated IV-D Agency - required by federal law for federal and state parent locator service
b. Other State agencies- e.g. CA Franchise Tax Board
c. Private sources such a credit bureaus- most states do his as part of state parent locator service
d. Investigative Units- e.g Sheriff’s Department, private investigators

3. Establishing Paternity

a. Hospitals- at time of birth as specified in contract
b. attorney - prosecutor, or private attorney- as specified in contract
c. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
d. courts- referees ( magistrates, hearing officers, etc.) for court cases
e. various county agencies to voluntarily establish paternity such as birth registrar, health Department, WIC , etc.- as specified in contract.

4. Establishing Orders

a. attorney - prosecutor, or private attorney- as specified in contract
b. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases

5. Enforcing Orders

a. attorney - prosecutor, or private attorney forcivil processes- as specified in contract
b. hearing officers at IV-D agency- for administrative enforcement hearings. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
d. prosecutors( DA’S , state attorneys) - criminal non support - referal sent by IV-D and their contractors as specified in contracts- also people can contact directly

6. Process of Service ( serving legal notice)

a. sheriff- as specified in contract - some state prohibit contracts but require sheriff to perform this duty under state law
b. Private process servers- as specified in contract

7. Court Document Record Keeping

a. Clerk of Courts

8. Court - federal law allows state IV-D program to reimburse courts for staff and expenses incurred on child support cases. In most states this include Domestic Relations and Juvenile Court

a. Judges - as specified in contract
b. Hearing Officers - as specified in contract

9. Payment Processing - State Disbursement Units (SDU)
a. Designated IV- D Agency
b. Private vendor such as ACS, Bank One, etc..
c. State Treasurer’s of other State agency - e.g. MN
d. Debit card companies for electronic transfer of funds- e.g. US Bank dos this for MN

10. Probation Departments - Criminal cases ( except NJ where Probation Department is the county IV-D agency)

a. probation officer- monitor payments of those guilty of criminal non support- interact with courts, prosecutors and IV-D agency to do this - a specified in contract

11. U. S. Attorneys- receives referrals fro federal criminal non support charges from IV-D- people can contact directly too

a. investigators- work for U. S. Attorney or can be FBI agent or can be from, PSOC, Please Save our Children, who are U.S ,Marshals and local law enforcement personnel.
b. Assistant U.S. Attorney - as specified in contract
c. U.S. Marshal- apprehend and transport those charge with federal criminal non support.- as specified in contract

Trouble Shooting Your Child Support Case
Getting Started

1. Do you have a legal child support order from a court or an administrative hearing at a government child support agency?

Yes go to # 2 for next step,

No:

If you were married when the children were born, you need to establish a child support order as part of a divorce or separation. You can obtain help to establish an order at the state government child support agencies. See How to Collect Child Support, 3rd Edition, Getting a Support Order

If you were not married when the child( ren) were born, See How to Collect Child Support, 3rd Edition, Establishing Paternity

2. What is the amount of your support order? _______

How much is owed in back support?______

If you do not know, if payments were ordered to be made through a government agency or Clerk of Courts, contact them and ask for a copy of your payment records.

Ways to Enforce - Collect Payments

3. Do you know where the nonpaying parent works?

Do they receive a regular paycheck?

No, See How to Collect Child Support, 3rd Edition, Finding Nonpaying Parents

Yes: Name, address and phone number of employer: _____________

Ask the government child support agency to call employer to verify employment, and to initiate income-withholding order (payroll deduction)for current support and back support payments.

Or process your own income-withholding notice. Income-withholding form see See How to Collect Child Support, 3rd Edition, See How to Collect Child Support, 3rd Edition, Ways to Collect Support Without Going to Court

4. Self employed Nonpaying Parent?

Possible solutions include: Contempt of Court or criminal non-support charges, place the company in receivership, till- tap of a company cash register. See How to Collect Child Support, 3rd Edition, Court Enforcement: Civil and Criminal Enforcement

5. For help with the following enforcement issues see How to Collect Child Support, 3rd Edition, Effective Enforcement Methods:

Get the IRS to Help Collect Payments. IRS Full Collection Service if arrears are more than $750,(collects child support same way back taxes are collected- case referred from state government child support agency to IRS; attach federal and state income tax refunds.

Attach nonpaying parent assets: bank accounts,rental Income, royalties, stocks, bonds? IRA’s,Worker’s Compensation?

Nonpaying parent unemployed? Initiate attachment of unemployment compensation, and/or obtain an order for the non-payor to seek work or be part of job training program

Nonpaying parent receives Veterans benefits? Initiate voluntary allotment and a contempt of court action if need to collect full payments and back support

Nonpaying parent receives Social Security Benefits? Initiate attachment of Social Security Disability checks, sign up for your child to receive dependent benefits. If Benefit is SSI, Social Security Supplemental, it is not attachable for child support and the child does not receive a dependents check.

Nonpaying parent receives military retirement? Initiate attachment of retirement benefits

Nonpaying parent in Military? Initiate involuntary allotment; this is just like a wage attachment.

Nonpaying parent receives retirement benefits? Initiate income-withholding to attach retirement

Nonpaying parent receives Unemployment compensation? notify state government child support agency to attachment benefits for child support payments.

Nonpaying parent receives bonuses and commissions? Initiate attachment with income-withholding order

Nonpaying parent pays only when taken to court? Ask court to automatically review the case every 60 days

Nonpaying parent has placed all assets in someone else’s name? Find out if you case qualifies for collection under fraudulent conveyance laws.

6. Visitation/ Access

To obtain visitation with your child, you must have a court order from a divorce, dissolution, paternity decree, or other type of order.

A specific timetable is the best type of court order to have if you are encountering problems obtaining visitation, because it specifically lists when you have the rights to visit the child.

If you do not have a specific visitation court order and you are being denied visitation, you can change (modify) your order so that it lists your specific rights. This can be done by filing a motion with the court in the county where the original order was issued or in the county where the child lives. If you have an interstate case, take action in the state where the child lives.

To change a visitation order, you can file the papers yourself. You can contact the courts for assistance.

Where there are severe problems, including a requirement for an itinerary in the order for where the child will be during visitation can alleviate some problems. If you already have a specific schedule outlined in your visitation order and you are being denied visitation, you can file contempt charges against the non-compliant parent. You will have to prove that the parent willfully stopped you from visiting the child.

To Prove that you have been repeatedly denied visitation through witnesses (best if these are not relatives: a clergyman or community social worker is best), through written evidence that you have attempted to visit the child.

lf vou have not seen the child in a long time, show the court that you are willing to gradually re-establish your relationship with the child.. Re~establishing a relationship can take time and energy, but it is well worth the trouble.

7. If you received welfare benefits, part of the back child support due may be owed to the state:

The state cannot take more than the amount they gave you in cash benefits ( medicaid, food stamps, etc . Do not count)) or the amount of the child support that went unpaid while you were on assistance, whichever is less

Unless

You were on assistance before 1998 in some states or 2000 in other states (Ask your state if they are a plan A state = 1998 or a plan B state= 2000) .

If on welfare, before the date listed above, the state can then legally confiscate some of the arrearage you were owed when you went on welfare so that they can recoup the amount of welfare cash benefits you were given - this is called pre-assistance arrearage.

Ask for an audit if you are not sure the state has calculated the amount owed to the state to pay back welfare correctly and to make sure they are not taking money they are not entitled to take.

Since 2000, in all states, any money collected to pay back support goes to pay back support

a. owed to the family first ( from before you went on welfare and since you got off welfare)

b. before it goes to pay back support owed to the state to pay back welfare rom the time period you were on welfare.

Current support due each month goes to the family once you get off welfare

Exception to all rules : Money collected form IRS offset (attachment of federal income tax refunds) goes to pay off amount owed to the state to pay back welfare first. We are trying to change- Write your U.S. Representative and Senators and ask them to give this money to families first in all cases.

Parents have right to ask for an administrative hearing (grievance hearing) to resolve any issues with the state keeping incorrect records, taking the wrong amount to pay back welfare, etc . Contact the government child support agency to get directions about how to file for a hearing.