You are here

Collecting child support with force

Crazymommaof4's picture
Forums: 

I was wondering if anyone had had any success in getting child support when the state agency takes control. I divorced in Arkansas then moved to Missouri and the Missouri child support agency states they are working with Arkansas to find and collect back and current support. They say his income tax refund will be intercepted to go towards support but he's remarried and will prolly file with his wife do they still take the refund? How long does this process take. Any info would be great thanks!

kathc's picture

File your taxes separate. "Married filing separately" If you have any kids together, YOU claim them on your taxes and he doesn't. That way the refund coming on them doesn't get taken to be given to BM.

Crazymommaof4's picture

No I am the BM I am questioning on my children with my ex... I know better then to file with my future husband more less share anything for his greedy Ex's to take.

kathc's picture

well, if he files with his wife then they will take their return toward the back support.

icehockey101's picture

My DH has owed back support because of an error through the state that BM wouldn't forgive. He pays all support through the state, or has it automatically taken from his check. He is on a payment plan for the back support. However, when we file taxes (married jointly), it does take any refund and will immediately apply it towards "leins"... this can include back federal taxes, back state taxes, back child support, etc. However, if married filing jointly, the spouse can file for "injured spouse protection" which will allow part of the refund to go back to the spouse, but a portion would still be paid. Hope that makes sense.

SanAntonioSoccerMom's picture

No never been successful. The divorce state's recovery rate was between 11-18% for non payment, which is pathetic.

momof3vt's picture

I've never had to deal with this but my sister has. Her ex disappeared to Arizona. Sometimes the state of Maine can find him and sometimes they can't. He keeps leaving jobs and working under the table. As far as I know she hasn't gotten anything from his tax returns so I don't know if he's just not getting refunds or if they aren't being that agressive.

stepmama2one's picture

It doesnt matter if he files with his wife. IF he files and you are owed back support then they will still take the refund for child support arrearages. The wife will then have the option to file paperwork saying her part of the refund ( that she was entitled to because of her employment) was taken and she would like her portion back. Your exes portion however will still go to you. You will get all of his refund up to the amount that he owes you. If he doesnt have enough to pay the whole amount you will get his whole refund and the balance of the arrearages will stay there until they are paid. She only has so long to do this though. The refund is held by the state for 6 months to allow the wife to file this paperwork. If in that 6 months the wife doesnt file then the refund will be sent to you. However you have to get the order transferred to Missouri and that will probably take awhile. You need to first worry about Child Support Enforcement getting the order started. If you had a child support amount in the judgment of divorce then that is what they should go off of. However, because percentages on how much of the noncustodial parents income would be considered child support are different in each state, they may decide to recalculate the order. Especially since Missouri does recalculations every 3 years at your request.

stepmama2one's picture

I may add too, that the state doesnt usually do a whole lot of "catching" the deadbeat parent for nonpayment UNLESS you are recieving Medicaid for the child/children. Then the state will file criminal nonsupport charges against the nonpaying parent. However the NCP would have to be served a summons for court and if they are unable to be served then most likely an arrest warrant will be issued and the warrant will stay active until the NCP is found. The arrest warrant isnt usually issued to arrest and keep the NCP in jail instead it is issued so that the NCP must be brought in front of the judge and be told their charges so that the NCP cant say, " I never even knew about the courtdate/childsupport/arrearages."

Rags's picture

When my wife finally took the SpermIdiot back to court for an increase in CS after 9 years she also requested direct payroll withholding. We never had any issues with collection after that. His employer took it directly out of his pay and sent it directly to the CSE office who sent it directly to the blind account my wife set up just to receive and transfer CS.

Prior to this CS was received each month in full but in several small random amounts with occassional partial arrearages. This was during the years that SpermGrandMa and SpermGrandPa paid CS for their idiot worthless POS son. They still paid it after we invoked direct payroll with holding but the paid DipShit back for the amount the CO directly withheld from his pay.

We have never had to deal with CS in an interstate situation but we did use the Texas CS tables as a stick to beat the shit out of the SpermClan periodically when they screwed with us. We would have our Texas attorney send them a threatening letter to have venue changed to Texas where CS would likely increase by more than 700%. That got their attention and they would comply with what they should have been doing all along according to the CO.

Good luck.