What next in child support enforcement?

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Latest post Sat, Feb 25 2017 6:10 PM by Mother in Florida. 17 replies.
  • Wed, Feb 22 2017 6:18 PM

    What next in child support enforcement?

    Hi,  a Child Support Enforcement Unit in FL, NY, CT and I (through my private councel) have been trying to enforce the child support order that was granted in 2014. The Child support arrears are now over $53,000.00 plus additional interest about $4,000.00. The last payment of child support was over 1 year ago and this partial payment came through the NY SDU enforcement, father's bank account was seized. The court order for CS is from FL but because the father of the child has lived in NY and CT, the enforcement takes place where the father lives and workes. In the past it has been NY and CT.

    Now the father of the child has disappeared and I don't know how to go on with the child support enforcement.

    I believe the Child Support Deduction Units in FL, NY and CT are doing their best, they have suspended the father's DL, they have suspended the US passport renewal (even though the father is only a green card holder and not a U.S. citizen), they have tried to deduct CS through the income deduction order (and it happened only once and then the father disppeared, not a full amount of CS was deducted), father's bank account was seized, the arrears were reprted to the credit agencies, and there are 2 NY child support warrants against the father. There has never been a full amount of child support paid by the father, if there are any small funds recovered it has been thanks to the SDU enforcement in NY and CT.

    My private councel has been very helpful, we filed for contempt of non-payment of CS and did a constructive service on father (I did truly search for the father, I spent thousands of dollars on private investigator and lawyers who saw the father go into the hiding and we lost him), and the Judge found my constructive service not being enough on financial matters and I didn't succeed to receive a money judgement on child support arrearages in FL. 

    I don't know what to do anymore. I have been searching for the father for years and I haven't been successful. I'm not the only mother of his children who has this problem with him, and I'm guessing the father knows "how to play the system".... But I'm the only mother who still has a minor child.

    I also would prefer not to spend any more of my limited income on lawyers, private investigators etc. I'm concentrating on my child and his wellbeing.

    I have been reading on FL statues about referral to the Attorney General if specific conditions are set, and I believe in my case the child support evoidance could be reported to AG. According to many law field insiders, the AG is overworked, and it rarely happens that SDU is referring cases to AG or to the Federal Court etc.

     

    So what is left for a single mom who is a sole custodial of the child and still waiting for the miracle of  $53,000.00 child support to be paid so that one day she could send her child to the college? 

    Thank you in advance for your replies.

  • Wed, Feb 22 2017 8:10 PM In reply to

    Re: What next in child support enforcement?

    What exactly do you want CSE to do ? They cannot perform miracles or force this guy to pay. You cannot squeeze blood from a turnip. Many women get zero child support. So it seems you knew he was a deadbeat to other kids, so why have a child with him? Your kid will have to get a scholarship or work and pay some of his college. This is the sad reality for many kids even from intact families. It also sounds like he was ordered to pay an absurd amount of support. $53k and its only 3 years old? Perhaps the order was so high he figures why bother. He also owes the other mothers it seems. Past due CS doesnt go away just because the kid is 18.I am not excusing him not paying anything. He should pay something. But him being self employed, per your previous posts, he can get away with it.

    I am a divorced mom with 2 kids and I have no idea how i am going to pay for college. I am in AZ so college is never ordered out here but me and their father are contributing what we can to a 529. I suggest you do the same if you arent already.

  • Thu, Feb 23 2017 5:01 AM In reply to

    • Drew
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    Re: What next in child support enforcement?

    A good number of colleges are need met and financial aid is based on custodial parent ....there may be many good options for college when that time comes .... 

    I suspect many a person finds a way to drive even with suspended license . Or insurance .  THere are some strange things that constitute crimes of moral turpitude or whatever it is that triggers prospect of  deportation ...deportation is unlikely to solve your issues ...but I sure would look into if it's a possibility 



  • Thu, Feb 23 2017 10:31 AM In reply to

    Re: What next in child support enforcement?

    Thank you for your responses!

    Yes, I'm looking into the scholarships and financial aids for my child's college possibilities. That's why I went back to court and asked for the sole custody to make the financial aid applications easier and clearer.

    But even if my child received a financial aid, studying in the college is never entirely covered by the scholarships or financial aid alone, even if the full scholarship is received, there are still all of the other miscellaneous expences that would come up, especially in a case out-of-state college...

    So yes, I'm actively looking into every aspect of my child education even if the college is still many-many years ahead.

    I was referring more to the everyday financial situation when raising a child in my post, meaning I would like to receive at least some kind of child support that was court ordered while my child is growing up.

    Deportation would not hurt the father too much, he would go back to his homecountry where he has accumulated 2 houses, a big piece of a profitable land, an apartment in the country's capital, and he is anyway travelling between US and his country frequently, so no harm done for him. This all came out in court but the Judge reminded us she doesn't have juristiction over other countries...

    It probably would not change my situtation either if the father was deported because I'm not receiving any support anyway, unless SDU or a federal forces are going to find him and make him pay...

    I'm thinking a civilian as I am, can I approach AG and petition his look into this case? Is this too utopic?

  • Thu, Feb 23 2017 12:07 PM In reply to

    Re: What next in child support enforcement?

    Are you able to communicate with this guy at all?  Dont get me wrong he sounds like a deadbeat and a loser but you cannot force him to be a Dad or to pay support. Apart from going after him criminally, the AG will not be able to do much if he is self employed. They can levy bank accounts if he has them in his name. Does he not file taxes either? Any refund would also be intercepted.

    If you talk to him at all, maybe work something out with him so that he pays you SOMETHING. I know you probably dont want to receive less than what the order says, but maybe work a deal that if he pays you $500 a month until the kid turns 18 or whatever the order says, you will drop the arrears. You are reastically looking at getting $0 from him unless you can use some negotiation skills. Otherwise I would keep pressing for criminal action and going to jail since nothing else seems to phase him.

  • Thu, Feb 23 2017 12:46 PM In reply to

    Re: What next in child support enforcement?

    I haven't communicated with the father since 2014, after the last trial he just disappeared.

    I offered him through our multiple mediations (from 2011-2014) that I'm not going to ask for a retroactive child support nor even any ongoing child support if he would let me to have a decision making authority over our child's life. I just wanted to have peaceful life with my child. But the father insisted of him having a sole custody of the child and I was needing to pay him the child support...  And so we litigated from 2011-2014 while he refused to pay any support throughout the litigation.  That's why the amount of CS is so high because the father just refused to pay any amount.

    Yes, it came out in the court that the father hasn't filed nor paid any taxes for the last 20 years, and he argued that the child support amount should be lower due to his possible future IRS tax penalties (that would be his future liability). 

    SDU has notified me that they have asked IRS to freeze any tax refund of the father (if there is any) and credit it towards the CS arrears but I haven't received anything yet...

    I have handled everything by myself so far, and will keep doing it. It's just sometimes I'm wondering if I could do more?

    Would Attorney General (AG) be approached in FL where my son and I are residing, or should I petition the criminal prosecution in NY where the father possibly resides? Do I need to find out the father's location first?

  • Thu, Feb 23 2017 2:26 PM In reply to

    Re: What next in child support enforcement?

    Mother in Florida:
    Deportation would not hurt the father too much, he would go back to his homecountry where he has accumulated 2 houses, a big piece of a profitable land, an apartment in the country's capital, and he is anyway travelling between US and his country frequently

    Here's a link to the website of the U.S. agency that deals with international child support enforcement.  Is the father's home country one of the "Foreign Reciprocating Countries" shown there?

  • Thu, Feb 23 2017 3:08 PM In reply to

    Re: What next in child support enforcement?

    Thank you for the link, unfortunately father's homecountry is not on this suggested list.

    Nevertheless, his homecountry is situated in Europe, I'll look into contacting their Embassy and see if they would suggest something.

    The father has some assets in US as well, 2 cars and expencive professional tools as much I know of, but if SDU and private investigators haven't found the trace of these things any more (they did in the beginning and court also looked into it) I'm guessing the father has liquidated them... I know he prefers not to have any assets in US. 

    If I can't locate the father can I still petition Attorney General to take this case? In FL or in NY/CT? Does AG accepts only motions from lawyers?

  • Thu, Feb 23 2017 6:05 PM In reply to

    • Drew
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    Re: What next in child support enforcement?

    .THe college aid math under FAFSA is entirely based on the custodial parents financial picture. And any new spouse he or she may have and the child's own assets and income .....and virtually all public colleges and a good many private ones use FAFSA ....some private ones do dig deeper 

    And at least a good handful of schools are fully need met and some high sticker price colleges are even a good bit more affordable after aid than some big public ones after aid ...but in terms of affordability for parents of limited means ( qualify for Pell Grants )  the top 7 go to various units of UC system and your own Univ of  FLa ...top 179 or so are listed on line , out of about 2400 4 year colleges the remaining 2200 have rather lackluster graduation rates .  Around me there are some darn value effective community 2 year colleges with nice articulation agreements with well ranked 4 year institutions ....IF one is a pretty decent student there may be lots of options ..no need to pin down dad 

    A paid scavenger hunt for contents of a likely empty pot is unlikely to prove cost effective .?  I do not know how to squeeze money out of empty pot..and the debtors prisons were closed some 200 years ago...If something he is doing is criminal /a crime of moral terpitude ...you might get him on short list for depletion or banned from re entry list...all,that is beyond me .  Most people are not that good at staying hidden ...but I don't know your ex ...sometimes a15 year old geek can find what a 35 year old pro cannot....problem is finding the right 15 year old. 

    Yes , hencould wind up in cooler for contemp of court is that is the case  ....but you gotta find him !  



  • Thu, Feb 23 2017 6:10 PM In reply to

    • Drew
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    Re: What next in child support enforcement?

    PS IRS is unlikely to be amused if he has failed to pay taxes and failed to file for 20 years ... but don't expect them to commit a lot of resources to find an empty pot ..would you?



  • Fri, Feb 24 2017 5:48 AM In reply to

    Re: What next in child support enforcement?

    Thank you! True, we do have University of Florida closeby with some excellent reviwes and decent graduation outcomes. 

    That's what I've been doing - looking into the future and into the technicalities of applying for the grants nad merit based/hardship based scholarships and aids. I'm not particularily chasing down the father (an empty pot).

    Sometimes I'm just more active and the topic raises again if I should find him and maybe I'm lucky and there will be something paid by him.

    There are always these ongoing out-of pocket medical fees and other fees that the father was court ordered to pay (including legal fees that were worth of a small house..) - all those things that are frequent reminders that maybe I should put more effort into finding him. 

    Well, I haven't got anywhere with my search for the father, so yes, life goes on and we are quite positively tuned overall.  

    At least my son and I have a peaceful life now (I'm very thank ful for that) but we are financially struggling. 

  • Fri, Feb 24 2017 7:14 AM In reply to

    Re: What next in child support enforcement?

    I think you need to stop wasting another $ of your time and money chasing after this guy who clearly is going to extreme lengths to not pay. Lots of single moms struggle thats they way it is. I have 2 kids and divorced get almost no support because my ex and I have 50/50. He does make more than me and I guess I could rock the boat and ask for more but we are civil and get along plus he is a good Dad, and he carries good insurance on the kids so I leave it be.  You cannot count on this guy to support you and your kid. Even if you do find him again, he is playing the system. Your child support order sounds like it is out of NY so I guess the AG there would be the one to file criminal charges.

    You had a baby with a guy clearly not interested, who is a dedbeat to other kids it sounds like so I have no idea why you expected anything out of him. The child is your responsibility since he wont support him. All you can do is do your best every day.

     

     

     

  • Fri, Feb 24 2017 7:40 AM In reply to

    Re: What next in child support enforcement?

    Mother in Florida:
    There are always these ongoing out-of pocket medical fees and other fees that the father was court ordered to pay (including legal fees that were worth of a small house..) - all those things that are frequent reminders that maybe I should put more effort into finding him. 

    I would put a passive aggressive effort into locating him.  i.e. anything that doesn't cost you money that eats into the budget such as pressure on agencies in charge of deadbeats like him, social media, free searches etc.  The money keeps racking up regardless of where he is at and you never know when he might surface.  

    As short budgeted as most AGs are I doubt they are going to expend resources to chase after a phantom but I would ask if they would put out a felony warrant for failure to pay since the amount is so high and hope that if he gets nailed on a traffic stop at some point he gets picked up then you have a lot more information on his whereabouts.  At that point there is a possibility they hold him until he coughs up a large chunk of cash.

    Mother in Florida:
    At least my son and I have a peaceful life now (I'm very thank ful for that) but we are financially struggling. 

    If you are financially struggling then stop throwing good money after bad.  You would have been better off putting the legal fees equating to a small house in a college fund than chasing this creep.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Fri, Feb 24 2017 10:27 AM In reply to

    Re: What next in child support enforcement?

    Thank you all again! There are many good ideas I got, will digest them all a bit and will see what comes out of it.

  • Fri, Feb 24 2017 2:39 PM In reply to

    • Drew
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    Re: What next in child support enforcement?

    I doubt his embassy is going to help much....but many a sovereign nation gives weight to actual court orders of other sovereign nations if properly "domesticated" ....



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