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CS rules in NC

Started by greatdad, Jun 23, 2007, 08:10:01 AM

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greatdad

supposed to receive CS from an NC resident. I feel they  won't pay and need to know what to do to enforce it from out of that state? I understand NC will revoke drivers license and professional license(?), is there a certain amount they have to be in arrears for that.......any info will be appreciated

ocean

In my state, they will do it without letting the CP know. Usually they have to be over a month behind. They go for the license and tax returns and then garnish any bank accounts. YOU need to be on top of the case worker in NC. Find out who it is and keep calling and sending letters...Little harder to do out of state. Is the NCP working? If you have it court ordered, it could come right from his check. The employer has to be law take it out and send it to NC (but you need to get the court ordered).
Good luck!

greatdad

NCP is one in NC, not me.How would I get a caseworker assigned?

ocean

I would call child support services in your state (I am assuming that is where the court order is originally?) ...They should contact NC... Your case has a caseworker...call the number you have and see what they say. I never had to deal with different states...just not paying.....
Good luck!

dipper

First, you need to register with your local child support enforcement agency.  If you know where the NCP works, that will be helpful, but they do have ways of looking this up.  Quite ineffectively, but they say they can do it.  

They may ask NC to take enforcement jurisdiction.  This is because ONLY NC can take the actions you were speaking of:  revoking driver's license of one of their residents or even garnishing unemployment benefits of a resident.  This is the agencies choice based on how they think is most effective in getting CS.

If NC is asked, they will have to notify NCP and have an actual court hearing - which you will not attend, to take jurisdiction.  The local agency will still be your contact for the case.  NC will NOT discuss any part of the case with you.  When you want to know what is going on, you will have to call your local agency and they will contact NC and then wait 30 days for a reply.

NC will talk to the NCP because they are a resident of that state, but will NOT under any circumstances discuss case with you.

I am in VA..and my ex is in NC.  I had hoped when they took jurisdiction it would make things easier.  It has been a nightmare instead!!  So much red tape.  You cannot talk to anyone who can do anything..and those you can talk to dont know anything and have to ask and then wait, wait, wait....

And as far as driver's license being revoked...my ex has been over $11,000 recently..but because he pays something sometimes, nothing is done.  Generally, an NCP has to be over three months without paying any amount before DCSE will take action, regardless of the state...

It is a long, drawn out, frustrating process....


dipper

Unless DCSE has already asked for them to take jurisdiction.  And you can find out the caseworker's name then through the online website, but this person will not reply to you.  I found out the caseworker's name and address and wrote a letter....no reply.  I did get a reply when I wrote to the main agency in NC (raleigh) and was told that I am to get all info from VA...they do not represent me and do not have a responsibility to give me any ifnormation.

As stated in my earlier post, if you are not already registered under DCSE in your state, go to the courthouse and ask clerk for papers to register with DCSE.  Fill them out and send to the local agency.  It will take six weeks for them to process and start a garnishment.  They may or may not choose to ask NC to take enforcement right off the bat.  

Regardless, it is totally up to them.  And regardless, your state agency is the only one that will give you any information.

greatdad

>Unless DCSE has already asked for them to take jurisdiction.
>And you can find out the caseworker's name then through the
>online website, but this person will not reply to you.  I
>found out the caseworker's name and address and wrote a
>letter....no reply.  I did get a reply when I wrote to the
>main agency in NC (raleigh) and was told that I am to get all
>info from VA...they do not represent me and do not have a
>responsibility to give me any ifnormation.
>
>As stated in my earlier post, if you are not already
>registered under DCSE in your state, go to the courthouse and
>ask clerk for papers to register with DCSE.  Fill them out and
>send to the local agency.  It will take six weeks for them to
>process and start a garnishment.  They may or may not choose
>to ask NC to take enforcement right off the bat.  
>
>Regardless, it is totally up to them.  And regardless, your
>state agency is the only one that will give you any
>information.

I am in Va also, and my Atty is just requesting CS to be paid from STBXs Atty, there is arrears do from filing date also. I am sure they will stall so want to know how to expedite without paying atty to do it.
thanks

dipper

Greatdad...do you mean that it would go through her attorney and then on to you or your attorney?  I havent heard of that before.  Honestly, I wouldnt want it, the less attorney fees the better.    Especially if it is you paying your attorney just to pass along your CS.

As long as you have a court order requiring a payment of support, you can request DCSE to take over - just fill out the form you can get from your clerk or DCSE's online site.  Just punch in Virginia department of social services in google and you will find the web address....

Best of luck!

HelpingHands

Virginia Child Support Website

https://www.dss.state.va.us/family/dcsecase.cgi