Welcome to SPARC Forums. Please login or sign up.

Sep 28, 2024, 04:24:24 PM

Login with username, password and session length

Collecting child support

Started by lookinnomore, May 18, 2006, 12:15:10 AM

Previous topic - Next topic

lookinnomore

Soc,


Cusodial mother(thats me) lives in Virginia (Prince William County) with three daughters.  NCP lives in Kentucky.

NCP is 51,000 behind in child support.  He hasn't paid again this time in 3 months.  Support is set at 315 a month.

Virginia points at Kentucky they have to enforce, and well Kentucky does in my opinion NOTHING.  NCP has a CDL license and works just like everyone else.

1.  What can I do to force someone to force him to pay?

socrateaser

>Soc,
>
>
>Cusodial mother(thats me) lives in Virginia (Prince William
>County) with three daughters.  NCP lives in Kentucky.
>
>NCP is 51,000 behind in child support.  He hasn't paid again
>this time in 3 months.  Support is set at 315 a month.
>
>Virginia points at Kentucky they have to enforce, and well
>Kentucky does in my opinion NOTHING.  NCP has a CDL license
>and works just like everyone else.
>
>1.  What can I do to force someone to force him to pay?

Assuming that the current support orders were made in Prince William County, then contact the local public prosecutor and ask to file a criminal felony complaint under Title 18 United States Code Section 228 for failure to pay child support across state lines. You could also contact the local U.S. Attorney office and see if they will accept the complaint for a federal prosecution. But, I suspect that they won't because they're too busy hunting terrorists (there ARE terroists out there, somewhere, and those U.S. Attorneys are busy hunting for em').

Technically, you could contact the F.B.I., but I can pretty much guarantee that they will ignore you, because they're hunting for terrorists, too.

Anyway, iIf your local county attorney refuses to take the case, then come back and we can try something different.

PS. This is a double edged sword. Your only recourse for a completely recalcatrant support obligor is to ask for imprisonment. However, once the obligor is convicted of a felony, no one will ever hire him again, so his earning capacity will be reduced to near zero. And, if he's in prison, he can't work and can't pay.

So, as a practical matter, unless you or the local district attorney can find hidden assets, the only thing that you will get is the satisfaction of putting the obligor behind bars for a while, which doesn't pay your bills.

You could also contact the public prosecutor in KY, where the obligor lives and try to file an 18 USC 228 complaint there. The local DA would have a better shot of discovering assets, because he can use the sheriff to conduct some searches.

Anyway, I'm rambling. The alternative is a contempt action, which means registering your current support order in the KY county where the obligor lives, and then hiring an attorney to enforce it by contempt. But, if the obligor has hidden assets, you will probably need the sheriff or a private investigator to find them, which is why I'm suggesting that you try the criminal complaint route first.

It really depends on the obligor's fear of imprisonment. If he has no fear, you're probably wasting your time, no matter what avenue you take. But, if he does, then a criminal charge may get his attention.