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  1. #1
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    Apr 2015
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    Default Statute of Limitations on Interstate Collection of Child Support Arrears

    My question involves child support in the State of: WV and CA

    I live in WV and the Father lives in CA. I am trying to find and collect support arrearages from my childrens father in excess of $100,000. I understand there is a 10 yr statue of limitations in WV. How do CA support laws affect this if at all? I recently gave CA child support agency information that I think will locate him.

    Despite that I found him thru a simple internet search, I receive a form letter about every 6 months from CA asking for info on his whereabouts. He apparently has had a business and has been working for several yrs but hasn't filed tax returns or hasn't gotten any tax refunds in yrs since they cant find him and his refunds come to me. So does the fact that it appears he has been actively hiding his income all this time change anything?

    He is remarried and has 4 more minor children that I am aware of.

    Thank you.

  2. #2
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    Jul 2012
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    Which state issued the original order?

  3. #3
    Join Date
    Apr 2015
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    Original order issued by WV

    I don't think this is relevant but I wanted to mention that CS has terminated since the last child is 19 and not in college. I am only talking about arrearage.

    Just curious, is $120,000 a particularly high arrearage? I've only seen a couple of arrearages larger than that in my perusal here.

  4. #4
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    Sep 2010
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    It's nothing to sneeze at. Had you gone to court about the arrearage issue in West Virginia. Even the ten years, presumes you do that not just mailing letters to the father.

  5. #5
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    Apr 2015
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    Flyingron -

    "It's nothing to sneeze at." No, it certainly isn't.

    Could you clarify your post for me?

    1. Were u asking me if I have gone to court in WV over the arrearage?

    2. I don't follow what you mean by "Even the ten years, presumes you do that not just mailing letters to the father."

  6. #6
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    Sep 2010
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    The ten year limit is the time you have to go to court to obtain a judgement about the arrearage. Yes, that is what I was asking.
    Sending letters to him telling him he hasn't paid is largely meaningless.

  7. #7
    Join Date
    Apr 2015
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    5

    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    For All:
    I will expand on the original info I gave - As I mentioned above, all 3 children are past the "age of consent". Child support was ordered in WV in 1998.

    I did receive food stamps and medical cards, but never rec'd cash assistance from DHHR, sporadically when I was laid off from employment over the yrs. I realize the state has the right to be reimbursed.

    The NCP moved to CA a few yrs later. The WV Bureau of CSE advised that CA would be the enforcing state.

    As mentioned earlier, I get a letter from CA about every 6 months or so asking for information on the fathers whereabouts. I have always updated both states with any location info I am able to provide. I Googled the NCP using the last contact info I had and was able to find his latest residence along with the landlords name, at least 2 phone numbers, the church he attends, his new mother-in-law's name, address and phone number, his new wife's name and contact info plus a host of contact info for other people that may have knowledge of his whereabouts. My point in stressing it was a simple internet search is to illustrate how much info is potentially available on the internet for CP's to locate the NCP (and I'm frustrated that CA didn't find him).

    During this process, I discovered 2 or 3 names of CA incorporations that list him as the "principal" or "president" of the company. I also found a website for the business he currently owns/operates. This website gives a physical address for the business location, states he has been in business since 2006, discusses the range of fees charged for the services, lists his licensing and that he is a member of various related trade organizations, shows photos of the NCP in the act of "being employed", meaning pictures of him performing the service that his website advertises as well as customer testimonials that mention the NCP by name as the "technician" that performed said services.

    NCP has made sporadic payments, the last few were a yr or 2 ago and they were for odd amts like $8.51, $14.78, $1.34.

    Can the information on his website be used to show he was employed during the last 9 yrs?

    Is the statute of limitations automatically applied or do they consider it on a case by case basis?

    - - - Updated - - -

    CA sends ME letters every 6 months asking ME for info on his whereabouts.

    I have not been to court re: arrearages in either state.

    Both states say they cant locate him in order to enforce. And a worker in WV basically told me it was going to be nearly impossible to enforce in CA if they cant locate him.

    What I understood from my last contact with CA CS was that they will now pursue enforcement using the information I just gave them. Is there something else I should be doing to expedite this process?

    I will consult a lawyer locally asap. I appreciate the assistance from the forum!

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