It seems as if there are more and more deadbeat dads in the world today. This demonstrates a lack of responsibility and selfishness on their part; and only hurts the children who are involved. If you are a single mother raising children, especially if you are not involved with anyone else, it is almost impossible to even make ends meet when you are not receiving the child support you are entitled to. It becomes a constant struggle to feed and clothe your family, and pay your bills. Single mothers are either forced to file for welfare benefits, or work multiple jobs for fear of losing everything.
As far as understanding how the child support system implemented by this country works, the most important thing to have is an actual Child Support Order from the Court. This can initially be obtained either from a Restraining Order, Legal Separation Order, or Judgment of Divorce. This is the only way of both keeping track of payments made and due, and enforcing the order if the parent fails to pay. Even if the parties separate on good terms, this may not last; and it is not advisable to trust an ex spouse to keep up with their obligation and have them send it directly to you. It must go through the state in order to be properly enforced. When requesting an order from the court, the best way to have it written is that if the other party fails to make two payments in a row, the court will automatically issue a “bench warrant”. This way action will be taken on your case without having to contact the local enforcement agency. It is also extremely important to follow up with them as much as possible. In many cases, agencies only do the minimum of what they are required to do; and do not go beyond that unless you ask and keep asking them to.
The Office of Child Enforcement in your area is regulated by the Department of Health and Human Services. There are many things that the agency is allowed to do by law; in order to try to collect your child support. These include automatic tax offset from federal tax refunds, wage withholding, liens, and credit reporting; to name a few. However, these methods may prove futile if the party works “under the table”, or moves from state to state to avoid prosecution. The Federal Child Support Enforcement Office’s web site can be viewed at: www.acf.dhhs.gov/programs/cse. In addition, periodically the agency will request information on the parent from the State Parent Locator Service. This information includes search results from the National Directory of New Hires, and the Federal Case Registry. This is helpful if the parent has fled to another state and is not able to be located otherwise. State specific information can be viewed at: www.acf.hhs.gov/programs/cse/extinf.htm. There is also an online Child Support Handbook, which can be downloaded at: http://www.acf.hhs.gov/programs/cse/pubs/2005/handbook_on_cse.pdf, which gives very specific and useful information about child support laws, and how the system works.
In addition, if you believe your ex spouse has cheated on his or her taxes, and or has not filed taxes for fear of federal tax offset; you may use the IRS Form #211, Application for Award for Original Information. They may also have other information that may be of help to you.
If the local child support enforcement agency seems not to be of assistance, some people often turn to outside agencies, such as Support Kids. Their web site is www.supportkids.com. Often times they will have additional resources and methods other than your local agency. Another good site to look at is www.child-support.aces.org, a non-profit organization to assist children of parents who do not pay their child support.
If the court is able to issue a warrant, but the authorities are not able to locate him or her, and the arrears in the case are a considerable amount, very often times county sheriff’s departments will have a “most wanted” list of deadbeat parents. If the offender is not listed on their site, it is possible to request that they put him or her on it, which will increase visibility to the case and hopefully lead to their apprehension. In addition, many states now have a “most wanted” list. If your state does not, it is possible to contact your Office of the Attorney General to inquire about one being created.
In 1998, the Deadbeat Parents Act was created, which states that an unpaid child support obligation for longer than two years, greater than $10,000.00, is punishable by law and will result in two years in jail for the offender.
Finally, having an ex spouse that fails to adhere to their financial responsibility can be both frustrating and very stressful for everyone involved. However, with persistence and knowledge of how the enforcement system works, these “deadbeat” parents can be apprehended and made responsible. Shame on them!
