How to handle

[Scupper]

BM ordered to pay CS, plus assessed some arrearages. She is refusing to pay anything and DSS is no help at local county level. I have supplied all information assigned agent will not return a call, when I go there told she is not available. Since BM has moved out of state I have to get this through CSE for collections.

any suggestions on where to start without hiring an attorney? or maybe do this and hope court adds this cost to it as well

[ocean]

Does BM work and have a salary to be garnished?

Why are you going to DSS and not child support office? (my state, child support has own office).
Send assigned agent a registered letter in mail (Have to sign for it) stating you want garnishment from her check and a contempt of court petition filed. Tell them if you do not hear from agent by xx date you will file in family court yourself the petition.

Go to family court yourself and ask where their intake unit it. File the papers yourself, contempt of court for failure to pay child support and arrears. They should type it up or have you fill it out and file in court for date. When you go to court, you bring your orders and state you have not be paid. BM will have to say why she is not paying.

If BM does not have a check to garnish, you can still go get the contempt route but you can not get money from nothing so....if the state is keeping track of payments let the amount keep going higher. You can ask the state to garnish her tax refunds and suspend her driver's license. Sometimes the state does the collection notices to BM and you never get copies or see what they are trying to do. They may have already done these things without you knowing.

[Scupper]

Ocean,
    Thanks for the information, to answer your question, DSS and child support office is one in the same in the county where I live. I was told by my attorney I would have to file necessary forms with them to begin CSE collections, which I did along with all documents pertaining to CS. I do not really want to have to pay attorney to get involved.

Far as BM working, no clue I am not expecting them to collect anything I just need to ensure that they begin the collections process, currently on line the case shows as not ordered. This is an interstate collection so understandably might take some time. (although only took them seven days to haul me into court and end up looking like idiots stating I was behind when I was not).

Thanks again,

Scupper

[ocean]

Do you have a current court order? If you do, drop off copy at Child Support with cover letter stating you want order entered into system and collections to begin.
Still would do it do agent with a date she needs to get back to you by, and then ask for a supervisor. After that, file yourself in family court and make child support unit look stupid...lol...makes them move faster! It would be against your ex, enforcement order asking for garnishment to begin.

[Scupper]

this is going to be fun, found out who DSS set as my agent  , sending cover letter as you suggested, and including all items on their check list again, I want to be thorough and ensure there is no reason not to move forward. I can see this may be a struggle as agent assigned is the one I made look bad in front of judge, same person who represented BM. There may be a conflict of interest here, so going to have to delve through and research child support agent procedures and policies.

Does anyone know of a uniform procedure for Child Support agents and if same agent representing both parties is allowed. I know it varies by state, so guess I may have to hire attorney  long enough to find out the answer.

[ocean]

The CS agent is just in charge of that account and will sometimes be a court to testify on the amounts owed. It sounds like the last case was "against" you so CS agent was testifying against you but NOW it should be FOR you. (Custody change?).
Do both, drop off and send registered mail so you have proof that it was dropped off there. Do they make appointments at child support (here they do)? Make appt and sit down, have it all straight forward.
You could ask for change in agent too, call , ask to talk to supervisor-explain situation, switch?

If you have time, go sit in family court and watch and see what is done. Here pretty straightforward for child support court and you do not necessarily need a lawyer especially when you have orders and not asking for change just asking for enforcement and garnishment.
Good luck!

[Scupper]

Found out DSS after BM in another county (not surprised), this county states they are backlogged so case could take sometime to get established.

Funny thing is the order has already been given by the courts, I have supplied in triplicate all information requested by local DSS/CS office. Twice in person and once via registered mail.

Found out that if CSE order goes in, CS take precedence over any other collections, which means they would have to ensure CS is current before they would be able to recoup any funds from BM for themselves. Also found out that the duties of judicial officials to assist in obtaining child support. Most likely will have to go that route to force DSS/CSE to enter the order into their systems. This will bring criminal charges against the BM for not paying, and most importantly force DSS/CSE to update their system to show as active. In turn any other DSS actions would have to ensure that CS is paid prior to collection of any other orders they may have.

§ 110-138.  Duty of county to obtain support.
Whenever a county department of social services receives an application for public assistance on behalf of a dependent child, and it shall appear to the satisfaction of the county department that the child has been abandoned by one or both responsible parents, or that the responsible parent(s) has failed to provide support for the child, the county department shall without delay notify the designated representative who shall take appropriate action under this Article to provide that the parent(s) responsible supports the child

§ 110-138.1.  Duty of judicial officials to assist in obtaining support.
Any party to whom child support has been ordered to be paid, and who has failed to receive the ordered support payments for two consecutive months, may make application to a magistrate for issuance of criminal process against the responsible parent for violation of G.S. 14-322. If the magistrate determines that the applicant has failed to receive the ordered support for two consecutive months, and that the responsible parent has willfully neglected or refused to make such payments, he shall make a finding of probable cause and issue criminal process for violation of G.S. 14-322. It shall be the duty of the District Attorney to prosecute such charges according to law. It shall be the duty of the Clerk of Superior Court to assist the applicant in making such application to the magistrate for the issuance of criminal process, and to supply such necessary child support records as are in his possession to the magistrate, District Attorney, and the Court.

Am I misinterpreting this?

[ocean]

How long has it been from last court orders? Here is takes about 6 weeks to get into system through the courts. If the newest order is over 2 months old, file for contempt of court against ex stating you have not received child support. Let the magistrate figure out who/why you are not getting money (as you already know). Your ex has new order so should be sending payments directly to child support and they should be sending you payments.

If any child receives social service programs (food, money, medical) the county must go after both parents to try to refund the county.

Yes, magistrate (like a judge for child support) will proceed over the case and for non-payment cases it is considered criminal court HOWEVER nothing is usually done (jail time unless it is many many times in front of same judge and a lot of money is owed to the other parent). Usually they can take away driver's license, take tax refunds, and take state certifications until payment plan is made with the courts.