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  1. #1
    Join Date
    Feb 2013
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    2

    Default Interstate Enforcement of a Child Support Order

    My question involves child support in the State of: Wisconsin and New York

    Hi,

    I posted here several years ago and didn't receive much help--not for want of members trying--because my case was complicated. I am hoping someone has some suggestions

    My son was born overseas in South Korea. NCP has never met him and avoided paying CS by staying out of the country. I have filed 4 times with CSE in WI (where we have resided for the last 4 years). I finally was able to get him served in his home state of NY and then had the case transferred from Orange Co, NY to Queens Co, where he was supposedly living. At the hearing (April 2011) he stated he was moving to FL. Another hearing was scheduled and he did not appear, was declared the legal father by default.

    The CS order from Queens Co in July 2012 stipulates that $4100 are owed from the last (successful) filing in 2011 and $176 biweekly. I have not received anything, and he is around $6600 in arrears. I finally contacted NY on my own behalf and they stated that the order was written improperly and needed to be written as a Queens Co order and not an Orange Co order.

    This was corrected, and I managed to get WI to ask NY for an Income Execution Order. I discovered last week that the NCP is no longer working for the employer he listed on his financial affidavit. He is working somewhere else that did pop up on the SSN locator service...waiting to hear back from NY about that.

    In addition, WI stated that they had certified him for a Federal Tax Intercept, but NY informed me they would not do so until next year.

    ***Basically, I am wondering what other actions (short of hiring an attorney, which I cannot afford) I can take to have this order enforced. I am wondering if I should file with NY for Contempt for Willing-Non Payment, and if there are any other actions I could take through the Interstate system.

    Any suggestions would be very welcome. I have read this forum for years and I know there are some very well-informed members on here.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Interstate Enforcement of a Child Support Order

    Quote Quoting jennabug
    View Post
    I discovered last week that the NCP is no longer working for the employer he listed on his financial affidavit. He is working somewhere else that did pop up on the SSN locator service...waiting to hear back from NY about that.
    The new employer will need a new garnishment order.
    Quote Quoting jennabug
    In addition, WI stated that they had certified him for a Federal Tax Intercept, but NY informed me they would not do so until next year.
    Okay.
    Quote Quoting jennabug
    Basically, I am wondering what other actions (short of hiring an attorney, which I cannot afford) I can take to have this order enforced.
    Beyond wage garnishment and tax garnishment? Is there a bank account you know about that contains enough money to be worth garnishing? What about driver's license and passport sanctions?
    Quote Quoting jennabug
    I am wondering if I should file with NY for Contempt for Willing-Non Payment, and if there are any other actions I could take through the Interstate system.
    For now, I would focus on getting the new income withholding order into effect. Trying to seek enforcement of the order might be better done through UIFSA in Florida, as it seems reasonable to infer that your ex- isn't going to show up in court in New York even if he's ordered to do so. You can ask the New York child support agency if they believe it would be appropriate to start that process at this time.

  3. #3
    Join Date
    Feb 2013
    Posts
    2

    Default Re: Interstate Enforcement of a Child Support Order

    Update:

    I spoke with CSE in NY and they told me his address in FL came back as no longer valid, nor did the employer he had listed when the order was filed. Another employer popped up on the system tied to his SSN and they sent out an IEO to them...waiting to see if payroll complies.

    CSE told me that if I wanted to get him back into court I would have to file wherever he is now--however, I have no idea. Part of the order stated that he was to keep the court informed of any changes in employment and/or address...which he is clearly not doing.

    One question--as the arrears rack up, is interest ever applied? CSE told me the following:

    Order is for $176 biweekly. They halve that amount and then add it to each biweekly payment as a way to address the arrears. No mention of interest. I am unfamiliar with NY CSE so I am wondering if this is normal?

    Thanks Mr.KIA for the advice.

    Oh-CSE also mentioned they had begun the process with DMV to suspend his license, but I doubt that will have much of an effect. I am assuming with his financial affidavit he was supposed to list bank accts as well but he has been very good at hiding: using aliases, etc. The whole situation is beyond frustrating, never mind the fact that he has completely ignored his son.

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