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  1. #1
    Join Date
    Jan 2008
    Posts
    24

    Default Registering Case In Another State

    I have been having problems with the probation department of Sussex Co. NJ. I posted last week reguarding an interstate casebetween NJ and PA. Just recently, my state (NJ) finally responded to the senator's office reguarding my case.

    Now here is what NJ said in a letter to the senator and copied myself...

    The NCP state (PA) unemployment refused to withhold support for my case. They dispursed $ to the state of (VA) for another case, and said they will *not* honor an additional case. Question: Can a state pick and choose what support case to honor?

    They stated that the probation department would not know when to register a case in another state because they 'assume' the NCP will pay the support thru garnishment. My request for registration of the case with (PA) was denied because (NJ) already had income withholding (not working) in place.
    Question: Is it true that income withholding is not possible when the case is registered in another state?

    They have no authority to issue a warrant for his arrest since he is a resident of another state.
    Question: Is this statement true?

    They cannot file for nonpayment of support with the court because the (NCP) will not verify his address.
    Question: Is this statement correct?

    If anyone has any information on interstate cases, please let me know what I am not doing right.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Registering Case In Another State

    If you want another state to withhold funds, get a court order in that state. You appear to be talking about voluntary actions; if you can't get a voluntary action taken consistent with what you want, you have to find a way to compel the action.

    Who are "they", in relation to your arrest warrant question. Interstate enforcement of child support would normally be through a UIFSA action in the person's home state. If this is what you are trying to ask, a judge can issue a bench warrant for nonpayment of support, but it isn't effective in another state.

  3. #3

    Default Re: Registering Case In Another State

    Re the unemployment part of your question:

    Not sure if I am understanding your question correctly but this is what I know first hand. If so, I hope this helps, if not, just disregard.

    If the NCP is living in Pennsylvania and has a current order for paying through wage garnishment through his employer, then you cannot get a concurrent order for garnishing unemployment compensation. In Pennsylvania you cannot garnish wages from more than one source at a time.

    Wage witholding has to be entirely done either through employer witholding or unemployment witholding but not both at the same time.

    Although it is entirely possible to have both sources garnished at the same time, the NCP can have one of the witholding orders vacated on the grounds of "double dipping".

    Even if you find out he is employed by multiple employers, they can only attach wages to one source. You would need to determine which source is the most reliable one to collect from and have the order changed to go after that source.

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