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  1. #1
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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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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    Which state issued the original order?

  3. #3
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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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    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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    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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    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
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    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!

  8. #8
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    Since the order originated out of WV you're bound by the 10 year statute of limitations. There is no "case by case" basis.

    The name of the church he attends is fairly irrelevant. His new MIL's name? Unless you have a way to contact her the department of CSE probably isn't going to try to track her down to find him.

    How do you know he isn't filing taxes? Just because you aren't receiving his refunds doesn't mean that he isn't filing. He could be filing his taxes and owing money to the State and IRS every year.

    You absolutely need to talk to a local attorney. Most likely you'll need to go back to the court that's been handling your case for an order setting forth a judicial determination of arrearages.

    Despite the fact that he's the president or principal of more than one corporation, CA will not be able to collect against those corporations, if they're even still in operation. They'll only be able to issue a wage garnishment against the funds he's earning.

    You mentioned that he is licensed for the work he performs - the state has the authority to suspend whatever type of license he has, but that won't necessarily prevent him from continuing to work. If he doesn't have any bank accounts in his own name, there's nothing to collect there. Re: his new business, what type of business entity is it?

    If he rents, I'm going to assume that he doesn't own a home so there's nothing to be done there.

    California has an enormous caseload, and they aren't going to go out banging on doors to find debtors. If you've received public assistance then you won't see a dime until they are reimbursed for the monies they've paid out. It doesn't matter if it wasn't cash assistance, they'll still assign a value to it.

    There's probably no way to expedite this. If someone is extremely motivated to avoid paying, it can be nearly impossible to do so.

  9. #9
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    I do have the MIL's name, address and phone number, I already passed that info along to CA.

    You are right, I don't KNOW he isn't filing. I retract that statement.

    There was an order filed in WV to collect arrears several yrs ago. I was not required to appear anywhere, I received that information in the mail after the order was in place (if memory serves that is). I will have to pull my files for the date, but I remember that in addition to the original CS amount ordered he was also ordered to pay $200 on the arrearage monthly.

    I realize this may be impossible to collect.

    So, even if I could prove that he has been working and receiving wages for several yrs, it really doesn't matter? It has no bearing on contempt proceedings? I'm not as incredulous as I sound, I simply don't want to waste time collecting information if it is not going to be of any assistance.

    I have no information re: his financials at this time. One of the corporations I found IS his new business. It "was incorporated in CA in 2006".

    I have found no evidence of home ownership in his name, or any other assets. I'd bet there aren't any.

    CA's "enormous caseload" was the reason I decided to do some detective work. I didn't expect CA to "go out banging on doors" to find him, however it does state on their website that one of the methods they use to locate the NCP is internet searches. I already discussed how quickly I was able to find the info I gave CA CS using a simple Google search. CA sends me letters asking for contact info for anyone that may have info re: NCP whereabouts. Since I provided full contact info, names, addresses and phone numbers for people that I believe have knowledge of his whereabouts, surely they will at least send these new contacts the same information request letter I have been receiving?

    Again, I'm happy to repay WV any assistance that was afforded me, and fully expect to do so.

    Well, that's a shame, however I'm sure I'm not being advised to give up? You are simply sharing the reality as you see it, and I appreciate that.

  10. #10
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    Default Re: Statute of Limitations on Interstate Collection of Child Support Arrears

    No, don't give up. And do NOT turn it over to a private collection agency or he'll be able to wipe out the debt in bk. same thing if you have it converted into a civil judgment outside of the Family Law court.

    Go talk to a lawyer in WV for starters to find out how and where to file for contempt charges and to find out if you need to return to Family court there for a judicial determination of arrearages as they currently stand. You should push for contempt charges as well as the revocation of his driver's license and if his business requires him to be licensed through the state, they can also pull that license. You also want to make sure there's a passport hold in place.

    Since California tends to lag on some of these issues, it might behoove you to hire a PI to see if they can find his banking records and forward that information to the county in CA that's handling collections. If you have his SSN and he has a bank, a good PI should be able to find accounts.

    I'm tired right now, but I also seem to recall reading earlier today that if you can prove he's trying to shield himself from paying support by forming a corporation, there are procedures in place to bypass the protection that corporations provide.

    I'm not trying to discourage you - that's a lot of money. But you don't have a lot of time to work with here. If the order had been issued in CA you'd be in a better position since we don't have a statute of limitations doe support here.

    Your first step is to talk to a lawyer there. They may tell you to retain counsel out here. But if your attorney attempts enforcement, CSE may drop your case and you do NOT want that to happen, because they have all of the authority to make very bad things happen to him. If CSE drops your case, they probably will NOT reopen it because it's now an arrears only case.

    Hang in there. You want to hit him where it hurts and stripping him of his licenses is one step towards doing that.

    - - - Updated - - -

    That should read if your atty attempts independent enforcement, such as filing an abstract of judgment with the county in which he resides, DCSS will drop you. I've seen it happen.

    I hope you can get the money that's owed to you. Please keep us updated on your CSE. I'm interested in finding out what happens with it.

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