Child Support Frustration Because The Father Lives In Another State

**aaajmom** · 05-12-2007, 02:28 PM

My twins are 20 months old. The father does not have anything to do with them and that is fine by me. I filed for Child support in october 2006, he denied paternity. Did the DNA and lo and behold they are his. We had a court date scheduled for Feb 26,2007 and he didnt show. I live in Kentucky with the boys and he lives in Ohio. I have been trying since then to get somewhere, but keep running into brick walls. Child support office sent requests to Ohio for employment records but they show he last worked in 2002 even though he worked from 2004 until 2006 where I worked. I can't get anywhere and dont know where else to turn. Any suggestions would be greatly appreciated. I have written my counties state reps, my lawyer has worked with the child support office but she does not specialize in family law(my oldest sons grandma trying to help me out).

**CaliforniaMom** · 05-12-2007, 02:38 PM

Why don't you go down to the courthouse and start your own child support action? Do you receive any type of aid (welfare)? If not, take it from me CSE isn't always the way to go they move at a snails pace (sometimes slower).

**aaajmom** · 05-12-2007, 02:42 PM

I do not receive any state aid. When we went to court, and the father no showed, the judge said that he wouldnt do anything until documents were provided showing what his income was and also that even if he did set support, no guarantee it would be enforced. How would I go about opening up my own case with this one currently open?

**CaliforniaMom** · 05-12-2007, 02:50 PM

Wow...I didn't know that there was a state in the union where a judge would say that there is no guarantee that child support would be enforced. That's a first hearing that. If you opened your own case, you'd be facing the same mess, so my thought now is to let child support deal with the enforcement, but you'll have to get them to do a sister state enforcement with Ohio.

I guess you're going to have to do some footwork on your own. You need to get proof of his employment and take it to them. Yeah, it sucks having to do some of their work for them if they refuse, but sometimes you gotta do what you gotta do.

**jverner** · 05-13-2007, 12:56 PM

Given your local judge's refusal to set support, you might consider asking your lawyer to see if the paternity judgment could be made final in Kentucky, then have her file that judgment in Ohio. Then you could retain a local Ohio lawyer to subpoena him for a hearing.

Another alternative would be to take the father's deposition in Ohio, then present it as evidence in the Kentucky court.

Just some ideas......

**Xena** · 05-13-2007, 01:25 PM

Quoting aaajmom

My twins are 20 months old. The father does not have anything to do with them and that is fine by me. I filed for Child support in october 2006, he denied paternity. Did the DNA and lo and behold they are his. We had a court date scheduled for Feb 26,2007 and he didnt show. I live in Kentucky with the boys and he lives in Ohio. I have been trying since then to get somewhere, but keep running into brick walls. Child support office sent requests to Ohio for employment records but they show he last worked in 2002 even though he worked from 2004 until 2006 where I worked. I can't get anywhere and dont know where else to turn. Any suggestions would be greatly appreciated. I have written my counties state reps, my lawyer has worked with the child support office but she does not specialize in family law(my oldest sons grandma trying to help me out).

Why was the hearing scheduled to be in your state? Normally, when an interstate action is commenced, the CSE (IV-D) agency in the CP's state will send papers to the NCP's state's CSE agency for filing service, and for the entering of an original order in the NCP's state.

You need to contact your state's CSE agency and request that they relinquish jurisdiction to OHIO, so that Ohio CSE can begin the process of establishing an original CS order.

**bluebelle** · 05-14-2007, 02:42 PM

Quoting Xena

Why was the hearing scheduled to be in your state? Normally, when an interstate action is commenced, the CSE (IV-D) agency in the CP's state will send papers to the NCP's state's CSE agency for filing service, and for the entering of an original order in the NCP's state.

You need to contact your state's CSE agency and request that they relinquish jurisdiction to OHIO, so that Ohio CSE can begin the process of establishing an original CS order.

Amen. When the order is in the CP's state, it seems much harder even for attorneys to do the things that bring non-paying NCPs to heel: attaching bank accounts and assets; taking the license/passport; income deductions; jailing for contempt, etc.

**aaajmom** · 05-15-2007, 06:57 AM

I asked the child support office about opening an interstate case or what if I moved to Ohio and they said the interstate case could take an indefinite amount of time and right now Ohio is not being cooperative. I also asked about moving the judgement to Ohio and was told that since the children and myself live in Kentucky and that is where they were conceived(that is why the case was filed here) that Ohio looks at it to be Kentuckys jurisdiction and their responsibility.

I am running out of options