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Which state would I file in?

Started by dipper, May 02, 2007, 02:22:47 PM

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dipper

My ex lives in NC, we live in VA.  He jumps jobs often and always says he has told DCSE, but somehow the payments dont show up and I always have to call/write/call/write DCSE to get them to move on him....

Same situation now.  I am willing to file a court summons against him and have someone serve it out of state....But, I do not know where to file.

VA DCSE still retains the case so to say....but, NC has enforcement jurisdiction.  NC had to go to court to have this responsibility.  NC is to find him, serve the wage garnishment, collect the money and forward to VA...who then forwards the money to me...

Does anyone know if I would file here and have someone deliver it, or would I go to NC and then it go under normal process of police officer delivering?

Thanks!

MixedBag

file in VA.

Let VA forward to NC.

And then get the name of the person handling it in NC and stay on top of them.

dipper

They will not serve a VA summons in NC for child support.  VA court could only use certified mail.  

And, VA will not give me ANY information on the case in NC...no caseworker, number of agency with enforcement jurisdiction, etc...nothing.....

I am thinking of filing tomorrow though through VA...and then perhaps hiring someone to go down there and deliver it.

MixedBag

do you know the county in NC where it should be sent to based on the residence of the NCP?

And then can't you get some of that infor then yourself?

as for the summons, that doesn't pass the common sense test, states are supposed to work with each other based on that UCC... law.

(The military mind set is kicking in and I'd be going up the food chain in NC)

jilly

I'm in NC.  Below is a link to the North Carolina Division of Social Services.  You can check on the status of your case by calling the 800 number or you can use the eChildSupport option to get the information online.  There is a link of FAQs on this site as well which may have information on how interstate cases are handled.

Hope this helps you out.

http://www.dhhs.state.nc.us/dss/cse/custodial.htm

dipper

OMG....I used the link you posted and within five minutes I was signed in and had the caseworker's name, address, and the case # for my case in NC.  VA had refused to give me this information - saying I HAD to go directly through them.  I didnt think I could find it out myself...

Now, little confused because it doesnt list any payments for 13 months..and there have been.  But, under hearings it did list they had tried to take him to court last July but he wasnt served so no action was taken.  This is the second time NC hasnt served him when going to court, regardless of whether he is hiding or whatever.

I will write to this caseworker tonight!  Thank you, thank you, thank you!!

jilly

Yay!!! Glad that you were able to get some answers finally.

I will say that the *accounting system* (and I use that term loosely!) NC has really sucks, as you can see by the information they have listed in the case history.  They only really seem to go after the parents that pay on time or at least make attempts to pay while people like your ex (the true deadbeats) are left to go on their merry way.  It's just crazy.

Good luck and I hope you get things worked out.