How Do I Enforce Child Support?
Due to family court orders being enforceable across state lines, you will still be able to receive support for your child, regardless of where you or your ex lives. While living in separate states may be difficult, this process largely depends on how helpful and communicative the delinquent parent is. The first steps may include:
- Determining the other parent’s address from friends or relatives
- Hiring a private investigator
- Using locator resources that are available from your local child support office
These steps are necessary when you are unsure where your ex has moved. As a part of the Uniform Interstate Family Support Act, also called interstate action, states are required to assist in finding the responsible party for missing child support.
What is the Uniform Interstate Family Support Act?
The UIFSA is a federal law adopted in 1998 under the Personal Responsibility and Work Opportunity Act in 1996. The Personal Responsibility Act requires each state to have laws that are consistent with its provisions. The provisions included are as follows:
- Procedures for withholding income
- Procedures that allow for withholding income without the need for a judicial or administrative hearing
- Expedited procedures for establishing paternity
- Expedited procedures for establishing, modifying, and enforcing support obligations
- Procedures for attaching tax refund payments
- Procedures to establish liens against real and personal property
- Procedures to report arrearages to credit bureaus
How Do I File a Claim Under the Uniform Interstate Family Support Act?
The UIFSA was specifically designed to enforce child support orders across state lines. Filing a claim under this act typically involves hiring an attorney or partnering with your local child support office. This act will allow you to contact relevant people in the other parent’s state to enforce child support orders, such as:
- The state’s local courts
- Child support agencies
- The other parent’s attorney
Courts and other legal authorities in the other state must enforce all child support orders as if they were established in that state. This process can be lengthy, so it is best to start as soon as possible.
What is the Full Faith and Credit for Child Support Orders Act?
In 1994, Congress enacted the Full Faith and Credit for Child Support Orders Act to address issues of enforcing child support across state lines. The FFCCSOA mandates each state to implement the child support order of another state as long as it meets the terms listed in the act. The act requires:
- The child must be under 18 years of age or, if over 18 years, to have a child support order issued for them
- The child must have resided for six months or more in the state where the petition for child support is filed.
- The child support order must be a judgment, decree, order, or court requiring payment.
For this act, the support order itself must meet the following specific criteria:
- The order must be made pursuant to the terms of the act and to the laws of the state where the court is located
- The court has subject matter jurisdiction
- The court has personal jurisdiction
- Reasonable notice and an opportunity to be heard have been granted to both parties.
What is Parent Locator Services?
Local child support offices in every state have resources such as:
- Federal new hire data
- State new hire data
- Driver’s license change of address information
- Unemployment insurance information
- Worker’s compensating filing
- Criminal and civil court records
- Credit bureau data
- Bureau of Motor Vehicles or DMV information
- Public assistance applications
These resources allow agencies to find a delinquent part if they try to work, secure housing, use a credit card, or apply for government assistance. Once the parent’s address is found, the court will contact them and begin enforcement of child support.
Can I Press Charges for Unpaid Child Support?
Prior to criminal charges being placed on a delinquent parent, the Child Support Enforcement Agency will seek other legal remedies. If nonpayment continues, the delinquent parent may be held in contempt of court, which can result in fines or jail time. Additional administrative actions include:
- Wage garnishment
- Asset/property seizure
- Driver’s license suspension
- Professional license suspension
- Passport application denial
When these administrative actions are unsuccessful, criminal prosecution may ensue. Depending on the circumstances, the offense will be considered either a misdemeanor or a felony. Charges and penalties may include:
- First-degree misdemeanor: A willful failure to pay child support.
- Fine up to $1,000
- Jail up to 180 days
- Fifth-degree felony: A prior nonsupport of payment conviction or for failing to pay support for 26 out of 104 consecutive weeks.
- Fine up to $2,500
- Imprisonment for up to one year
- Fourth-degree felony: A previous felony conviction for nonpayment of child support
- Fine up to $5,000
- Imprisonment for up to 18 months
When considering felony-level offenses, the court may place the parent on community control with a condition enforcing support payments, such as obtaining and maintaining employment. This option may not be available if:
- The court deems other penalties necessary
- The parent has previous convictions of felony nonpayment and was sentenced to prison
- The parent was previously convicted of felony nonpayment, was placed on community control, and failed to abide by the conditions.
Do I Need an Attorney?
When the health and basic needs of your child are dependent on monthly support, you need help you can count on. Call Lawrence Law Office today at 614-228-3664 or fill out a contact form for a consultation.
