Never Married parents, Establishing Paternity
Locate Non -paying parent and their Income and Assests
Employed Non -paying parent, receives regular paycheck from employer
Unemployed Non -paying parent
Out of State Non-payor
Self Employed Non -paying parent
Health Insurance, Medical Support
Owed Back Support
Alimony and Child Support
Back Support owed to Welfare Department and/or to you
Non -paying parent PlacesAssets in Someone Else's Name
- NEVER MARRIED PARENTS, ESTABLISHING PATERNITY If the mother and father were not married you will need to establish paternity (fatherhood).
This can be done by the father signing an affidavit at the hospital or at the government child support agency.
If the man denies he is the father of the child the
government child support agency can serve him a legal notice (summons) to appear at the
agency to take a genetic test. This test, where they take a tissue sample from the
mother, child and alleged father with a swab from inside the mouth is usually
very reliable. If the test results are positive the agency can enter an administrative
order for paternity. Your case is now ready to establish an order. If the father no shows for the
genetic test at the agency or for a paternity court
hearing, and he has been legally served, a default order can be entered which lists him as
- ORDER ESTABLISHMENT Every state has a mathematical formula it uses
to determine the amount of child support
to be paid. It is based on parental income and number of children. You can obtain a
more information about of your state's guideline at Guidelines . You can
ask the court to deviate from the guideline for a variety of reasons listed in each
state's guidelines. Make sure that the private attorney representing you or the
government agency establishing the order or you, if representing yourself, obtain
verification of both parents income. You may have to subpena income information
from the parent's employer, bank etc.
a. If you are being denied visitation you can file a contempt motion to enforce your
order. You can do this yourself or hire a private attorney. In some communities there
is a government agency which will file this motion for you, such as the Michigan Friend of the Court.
Be sure to have proof to show to the court that you have met the terms of your visitation/access
court order. Take witnesses with you to the house so you have someone to testify at court
that visitation was denied by the custodial parent or that they were not home. Make
sure you can prove you notified the custodial parent of the time and date you would
be exercising your visitation/access rights. Put it in writing, have copies ready to
show the court.
b. If you have not seen your child in a long time ask the court for
supervised visitation until the parent re-establishes a relationship with the children or until the abuser gets treatment and is safe for the children to be with them alone.
This approach is more likely to be successful with the court and gain cooperation from the other parent.
c. If there is reason to believe that the children have been neglected or abuse while on visitation;
ask the court for supervised visitation until the abuser gets treatment and it is safe for the children to be with them alone.
- NON-PAYOR IS EMPLOYED: Automatic mandatory wage withholding (payroll deduction) is available if
non-payor is behind in payments . As of January 1, 1994, wage withholding became
available when divorce or paternity is established. All states are required to have New Hire Registries which track all new employees and match W-4 records with state child support records to determine if a person who just got a job owes child support. If there is an order on file the employer is notified to
withhold child support. This includes current and payments on arrears
- NON-PAYOR IS UNEMPLOYED: Unemployment Compensation is attachable for child support under
Federal Law, or ask for a contempt hearing. At the hearing, you can request the court to issue an order that
the non-payor is to seek employment and provide proof to the court that he/she is looking for work.
- NON-PAYOR IS AN UNDER-THE-TABLE EARNER: You can request the child support agency or
private attorney to do a credit check to determine assets.You can request that they issue you a judgment for
the back support. If the non-payor has any assets, you can execute the judgment against a house, car,
motorcycle, etc. (you can collect interest on the judgment).
- NON-PAYOR LIVES OUT OF STATE: You can request the child support agency to process:
a. Direct interstate wage withholding is now available if the employer of non-payor is known (mandatory if one month behind).
b. A URESA ( Old law-Uniform Reciprocal Enforcement of Support Act) or UIFSA ( New law-Uniform Interstate Family
Support Act), to establish paternity and orders or to enforce an order via a motion to show cause why the person is in contempt of court.
- NON-PAYOR IS SELF-EMPLOYED:
a. Federal Law requires that states have a law for posting a bond to ensure payment.
b. File criminal non-support charges at county attorney's offices (punishments and requirements vary from state
- NON-PAYOR IS NOT FOLLOWING COURT ORDER TO PAY OR PROVIDE HEALTH
INSURANCE FOR THE CHILD:
a.You can request a contempt hearing to seek enforcement through the
child support agency or private attorney, or represent yourself.
b. The governmnet child support agency must establish a medical support order if the non-custodial parent has health insurance available through their employer at reasonable cost. They must enforce the order by assisting you to get children listed on the non-custodial parent health insurance, obtain claim forms and ID cards
- NON-PAYOR OWES BACK SUPPORT:
a. You can file to attach federal and state income tax refunds of the non-payor at your local child support
b. You can file a contempt of court motion. Be sure to include in the contempt motion a list of remedies you want the court to take on your behalf,
such as; judgement for back support with interest, automatic review of the case it the non-payor only pays when brought to court,
jail time with work release provisions etc.
c. You can collect back support through payments on a wage withholding.
d. If there is a large arrearage (over $750), contact your local child support agency and request IRS Full
Collection services. The IRS will collect back support just like back taxes.
e. The government child support agency or the court can suspend or revoke drivers licenses, professional license and recreational licenses such as fishing and hunting
- NON-PAYOR OWES ALIMONY IN ADDITION TO CHILD SUPPORT: Your local child support
agency, private attorney, or you, through self representation, can obtain enforcement through various means
such as wage withholding and judgments.
- NON-PAYOR OWES THE WELFARE DEPARTMENT BACK CHILD SUPPORT AND OWES
YOU BACK CHILD SUPPORT: The welfare department cannot take your current child support payments unless you receive
welfare (TANF) benefits. After you go off welfare the state is entitled to recoup welfare benefits ina amount, whichever is less, of either the amount of money they
gave you in welfare benefits or the amount of child support which should have been paid while you were on welfare.
New federal laws require that all Back support due to the family is paid off before the state can collect support due to it,
the only exception is money collected from attaching federal income tax refunds
- YOU DON'T KNOW WHERE THE NON-PAYOR IS: Your local child support agency can do a State
Parent Locator (checks state department of taxation, social security, bureau of employment, etc.), if you know
the state where the non-payor lives or works. If the state is unknown, the child support agency can do a
Federal Parent Locator (check IRS, Social Security Administration, Department of Labor, etc.), for all 50
- NON-PAYOR PLACES ASSETS IN SOMEONE ELSE'S NAME: You must prove fraudulent
conveyance. This means the non-payor purposely hid assets (ask ACES for more information).