One method used in collecting child support is income withholding, which is the most popular and convenient way of retrieving child support payments.
The state child support enforcement agency can also utilize a number of methods for enforcing child support payments. These methods are judicial action, intercepting any other sources of income, garnishing bank accounts, consumer credit bureau reporting, revoke of any licenses, and passport denial or suspension.
The First Steps
The first thing the custodial parent must do in order to collect child support payments is to locate the non-custodial parent. Then, the custodial parent must establish legal paternity. Next, the court will send out a order for the non-custodial parent to pay child support. Last, child support enforcement will proceed if the non-custodial parent refuses to make timely payments.
When locating the non-custodial parent you must provide the state child support enforcement office with as much information as possible. Information such as their social security number, their address, friends and family names, where they are employed and what state they reside. When the non-custodial parent is located, legal paternity must also be established before the court can issue an order of child support payments.
A father can acknowledge the child by signing an acknowledgement of paternity. If the father denies any ties to the child, a DNA test will be performed to proved or dismiss him as the biological father. When DNA testing are done and the alleged father is proven to be the biological father, the court will issue an order of child support.
Once child support is ordered and the non-custodial parent refuses to pay, the child support collections agency will enforce the appropriate methods to retrieving payments.
There are several child support collection agencies that will assist custodial parents in collecting any past due child support. If you are a single parent in need of assistance, there are forms you can fill out for free information on collecting your past due child support payments.
Child Support Collection Agencies
In their attempt to recover the debts the some unprofessional collection agencies or collection attorneys may resort to certain unlawful and unwarranted procedures or intimidation tactics. The Federal Fair Debt Collection Practices Act (FDCPA) has been structured to protect debtors in such circumstances.
These collection agents come across as very forceful people always armed with the necessary answer on the tip of their tongues. They may act aggressively as they are paid according to the amount they collect and have to meet the set targets. However the act forbids them from calling you more than thrice on a day. If they continue calling you it can be legally termed as harassment. You can also request them not to contact you on certain days or during your office hours.
You can completely stop them from calling by writing a "Cease and Desist" letter and mail it by return receipt mail so that they cannot deny having received it. It is illegal on their part to refuse or avoid the letter but the onus of legally enforcing the letter lies on you.
You can always ask the agency to provide the proof of the debt. If you are being sued you may request the attorney or agent to hand over to you a FDCPA Verification. This may gain you some valuable time that you can use to prepare for the court sessions and will surely frustrate the collector as he cannot take any action till the verification is provided to you.
The next stage is to file a SWORN DENIAL. It should be notarized and submitted to an attorney and the court. This states that you are not indebted and will require the collector to present before the court a live witness to give evidence that the debt is valid. Thus you can temporarily halt proceedings.
The following stage is to file DISCOVERY with the attorney and the court. This is a written certificate stating the request for production of documents. That is demanding the original signed document upon which the debt is based to be submitted to the court. Now as you cannot afford an attorney to fight your case, you will have to defend yourself in court.
Thus, INTIMIDATION is the only weapon that collection agencies and attorneys have in their armory. The secret lies in not getting intimidated by them and being courteous towards them at the same time.
Both Holcy & Jay Moncliff are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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