son in AZ I am in NC... question about Support Enforcement

[JeremyP]

Ok, I am new here. My ex and I divorced in Utah and have since both moved, I in NC she is in AZ(with my son).  I am wanting to get set up on some Support Enforcement agency and have them send in my payments to my ex, or get them garnished from my wages at work. How do I go about this? It isn't HER doing this, its ME... so what do I do and where do I do it? UT, NC or AZ??
Do I have to go back to court to do this or is it something I can do by just filling out some paperwork?
Thanks,
Jeremy

[joni]

Whereever your last court order is current that you're currently paying child support through.  Are you paying child support privately via an agreement between you and your Ex or were you ordered by a court?

Many people in this community suffer undue heartship at the hands of Support Enforcement Agencies either taking too much money, misapplying the monies they send in, incorrectly calculating a fictious arrearage causing the payor to be arrested....countless, horrible stories.

I would seriously reconsider getting a Support Enforcement Agency mingling their grubby, dirty fingers in your business.

Is there some other issue with your Ex as to why you want to do this?

[JeremyP]

well, I have just read on this site that by me just sending her a personal check each month may just count as a "gift" and I could be taken for back child support. It just has me concerned because she would do anything to try to "get one up on me" and she is someone I need to protect my self from to make sure I have all bases covered.
So, how do I go about paying through the state? I was ordered through the court to pay child support.
Jeremy

[joni]

BUT...you're following a court order and I'm assuming the amount you pay her each month agrees to that court order?  I'm also assuming you mark clearly child support on the memo section of the check.

Some of the people who have been spanked as a 'gift' paid the mom a check without a court order.  Usually because the parties were freshly separated at the time and the dad was being a good guy and tried to pay child support on his own.  Mom got vindictive and managed to get none of it as counting as support.

I share in your paranoia.  We're always waiting for the next bomb to drop in my husband's case too.  I think you're OK since you're following a court order.

Hopefully some people in your same scenario can share their experience.

Stay away from the agencies if you can........

[joni]

before you start muddling thru the various state jurisdictions....consider this.

right now, UT is your jurisdiction for CS because you consented to it.

AZ would be the jurisdiction for child custody or visitation once the child lives there six months.

as far as future child support goes, YOU have 3 jurisdictions to choose from.  you can 1) stay in UT and continue to stay in UT because you consented to it at the divorce 2) agree to have the new CS jurisdiction moved to AZ because child living there now but you would have to agree to this since you don't live there or 3) change your jurisdiction to NC because you live and work there now.

WHY?

We're in the same situation with IL (where we live), MI (where divorce was) and NY (where child now lives).

Our jurisdiction for CS continues to be MI.  Why?  It's got the most economic rate for child support calculation at 13%, versus 17% for IL and 21% for NY.  Also, CS ends with high school grad in MI.  In NY, if child goes to college, we have to pay thru 21 and be liable for college expenses.

So do the math before you make your decision.  I ran some quick numbers for you at this site, not sure if it's accurate.  So check with your attorney before you do anything.

http://www.alllaw.com/calculators/Childsupport/

It appears as though NC might be your best jurisdiction.  I ran a scenario where you and the mom made the same amount each month at $5000.  UT has you paying $410, NC is $277 and AZ is $482.

Do not file any paperwork or agree to anything new without finding a new atty.  Get one who's certified in family law and is familiar with parties living in different states.  You can find one at //www.aaml.org/directory.htm

[JeremyP]

being the non-custodial father, do I have the right to get Jurisdiction changed to NC(where I live now) from Ut (where the divorce is filed) and not Az (where child and mother lives)? And if I can do this, how do I file for this?

As far as CS, I am court ordered to pay a certain amount, which I do pay every month, and I note "child support" on the check. So I guess I am covered.
Thank you so much for helping me with this, I am a bit lost!!

[ocean]

Child support can be switched to where the child is. I do not believe you can get it changed to where you are. Check into UT and where child is now and see what the differences in child support are (some states you pay until 18 , others 21). Be careful where you voluntarily switch too :)

[joni]

yes it can be switched to where you live.  check the rates and laws before you make any changes.

[flewwellin]

if there wasn't child support taken out of your checks before  you prob can do it at your local child support enforcement agency..

[flewwellin]

if you don't get it taken out by the state support enforcement agency they can get you for back child support because the other can be seen as a cash gift.  My dh's ex tried this crap with us.  by the way we live in nc and she now lives in pa