How to report a parent not paying child support
Collect A Child Support Payment
How Do I Collect Child Support?
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Get Prepared
Either parent can Open a Child Support Case online, call the DCSS office at 1-844-MYGADHS (1-844-694-2347) or print, fill out and mail in their application packet. You can also complete the application online, then print it out and bring it with all required and supporting documents to your local Child Support Office.
However, to get a support order, establish paternity, or enforce a support order, DCSS must know where the noncustodial parent (NCP) lives and/or works. There is no guarantee the other parent will be found, but the more information you provide, the easier it will be.
DCSS will order a paternity test to be conducted if paternity has not been established or if it is disputed.
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Gather What You’ll Need
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One form of government-issued picture ID (Valid driver’s license, passport, Green Card, Visa)
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Birth certificates for children born OUTSIDE of Georgia
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School enrollment verification
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Photocopy of all existing support orders, including the divorce decree that contains spousal with child support
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Paternity Acknowledgement- Unwed parents are given a chance to sign a Voluntary Paternity Acknowledgement form at or near the time of the child’s birth
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Apply
Fill out the application completely, then mail it and any applicable fees to the child support office in your county. Call the DCSS Communications Center at 1-844-MYGADHS (1-844-694-2347) if you need further information on the application process.
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Set Up Payments
You can receive payments through either a debit card or direct deposit. State law requires income withholding, and in most cases the support amount can be deducted from the NCP's paycheck.
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Enforce the support order
If a parent does not obey a support order, he or she may be found in contempt of court. A contempt action may be filed against the NCP who fails to make support payments or does not maintain the required medical insurance. NCPs found in contempt of court may be fined, sentenced to jail, or both.
The judge may order the NCP who is unable to pay to be enrolled in the Fatherhood Program or in the Parental Accountability Court program. In addition to being enrolled in one of these programs, the NCP is still obligated to pay the full amount of current and past-due support. The child support order may also be enforced through one of the following actions:
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Withholding child support from paychecks, unemployment or weekly worker's compensation benefits
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Offsetting federal and/or state income tax refunds
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Reporting the parent’s delinquent child support payments to the three credit reporting bureaus
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Suspension or revocation of a NCP’s drivers’, professional, occupational or recreational hunting or fishing licenses for their failure to pay child support as ordered
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Intercepting lottery winnings when they exceed $2,500
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Filing contempt actions in the superior court which may result in a jail sentence if the NCP is found to be in contempt of court
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Filing of liens to seize matched bank accounts, lump sum worker's compensation settlements and real or personal property
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Denial, suspension or revocation of the passport of someone who owes more than $2,500 in child support
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Contact
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This information was prepared as a public service of the State of Georgia to provide general information, not to advise on any specific legal problem. It is not, and cannot be construed to be, legal advice. If you have questions regarding any matter contained on this page, please contact the related agency.
NYS DCSS | Support Enforcement
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You can receive your payment information by phone at 1-888-208-4485 (TTY: 1-866-875-9975), Monday–Friday, 8:00 AM–7:00 PM.
The child support enforcement program has legislative authority to collect overdue child support (arrears) and to obtain medical coverage through a variety of administrative procedures. Administrative procedures can be put into action without going to court.
Before any administrative procedure is begun, a notice is sent to the noncustodial parent. The notice explains the procedure, provides a deadline and instructions to comply with or challenge the action, and explains the consequences of failing to comply. Several different kinds of enforcement actions may occur at the same time, based on the dollar amount of the debt or the length of time the debt has been accruing.
The following information is a summary of some of the administrative procedures that may be used to collect overdue child support.
Procedures to Collect Current or Overdue Child Support
The two administrative procedures described below, Income Execution (IEX) and Unemployment Insurance Benefits (UIB) Intercept, may be used to collect either current or overdue child support.
Income Execution (IEX)
Income Execution (IEX) is the process by which payments for current and/or overdue support are deducted from a noncustodial parent's wages or other income by the noncustodial parent's employer or income payor.
Unemployment Insurance Benefits (UIB) Intercept
Noncustodial parents who are receiving unemployment insurance from the New York State Department of Labor will have current and/or overdue child support payments automatically deducted from their UIB payments.
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Procedures to Collect Overdue Support
Income Tax Refund Intercept (Federal and State)
A delinquent noncustodial parent's federal and/or State income tax refund may be intercepted to pay overdue child support.
Credit Bureau Submission
The names of delinquent noncustodial parents may be submitted to the major consumer credit reporting agencies. As a result, the noncustodial parent may have difficulty obtaining a loan or other forms of credit until the overdue child support is paid.
Lottery Intercept
New York State lottery winnings may be intercepted to pay overdue child support.
Property Execution
Financial assets, including bank accounts, may be seized in order to satisfy overdue child support.
Driver's License Suspension
New York State driver's licenses may be suspended for a delinquent noncustodial parent.
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Passport Denial
The New York State Division of Child Support Services and the U.S. State Department work together to prevent delinquent noncustodial parents from renewing or obtaining a passport.
Liens
Liens may be filed against a delinquent noncustodial parent's real estate or personal injury claims or awards in order to collect overdue child support.
Tax Referrals
The names of delinquent noncustodial parents are sent to the New York State Department of Taxation and Finance (DTF). DTF can then apply specific tax collection remedies to collect the overdue child support.
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Procedure to Obtain Health Insurance Coverage
Medical Support Enforcement
When a court order for child support directs the noncustodial parent to provide health insurance coverage, a National Medical Support Notice (NMSN) is sent to the employer. The NMSN requires the employer to obtain the necessary health insurance on behalf of the noncustodial parent's dependent children.
Remember: Most of these enforcement procedures will not be used unless the noncustodial parent fails to pay child support.
How to transfer child support directly to the child, including to his bank account? - Lawyer in Samara and Moscow - representation in court and legal services
The child has the right to receive maintenance from his parents and other family members (clause 1, article 60 of the RF IC). The amounts due to the child, in particular as alimony, are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child. At the same time, the court, at the request of a parent who is obliged to pay alimony for minor children, has the right to make a decision on the transfer of no more than 50% of the amount of alimony payable to accounts opened in the name of minor children in banks (clause 2, article 60 of the RF IC; p. 15 Decisions of the Plenum of the Supreme Court of the Russian Federation dated 25.10.1996 No. 9).
The main reason for transferring maintenance directly to the child's account is usually the fear of the transferring parent that the receiving parent may use the maintenance amounts for other purposes.
Target spending of alimony should be understood as the direction of funds for the maintenance, upbringing, education of the child and the preservation of the material level, which allows for its full development (clause 1, section III of the Review of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015). nine0003
Alimony can be transferred not only on the basis of a court decision, but also on the basis of a notary agreement. In such an agreement, parents have the right to establish that part of the alimony (or the entire amount) is transferred directly to the child into his account.
Please note!
The transfer of funds to a child, including to an account, without a court decision or without a notarized agreement on the payment of alimony is not considered alimony and can be regarded as a gift of money to a child. nine0003
If you want to transfer child support directly to the child, we recommend that you follow the following algorithm.
Step 1. Discuss with the other parent the possibility of signing a notarized child support agreement or modifying it (if the agreement is already in place) to include a condition that a portion of the child support be transferred to the child's account.
If the parents have agreed among themselves, they should apply to a notary to certify the agreement on the payment of alimony (art. 99 - 101 RF IC). In a notarial agreement, parents can establish that part of the alimony is placed at the disposal of the second parent (for the maintenance of the child), and part is transferred directly to the child's account.
The agreement can be changed at any time by mutual agreement of the parties, including if the parents agreed to transfer part of the amount of alimony to the child's account later (clause 2, article 101 of the RF IC).
Step 2. In case of failure to reach an agreement to conclude or change a notarial agreement on the payment of alimony, apply to the court. nine0018
A request to change the agreement on the payment of alimony can be filed with the court only after receiving the other parent's refusal to propose to change the agreement or not receiving a response within 30 days, unless a different period is specified in the agreement itself (clause 1, article 101 of the UK Russian Federation; Article 452 of the Civil Code of the Russian Federation).
If alimony was collected on the basis of a court decision or order, then the alimony payer submits an application to change the order of execution of the decision to the court that made the decision to collect alimony (Article 203 of the Code of Civil Procedure of the Russian Federation; clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 9).
Keep in mind that a court decision on the transfer of part of the alimony to the accounts of minors is possible, in particular, in the event of improper performance by the parent receiving alimony of the obligation to spend it on the maintenance, upbringing and education of the child and preserving with this method of execution of the court decision the level of material support of the child, sufficient for its full development.
In this regard, a parent who insists on transferring a part of the amount of alimony to the child's account must prove that the other parent is spending the alimony inappropriately (Articles 56, 57 of the Code of Civil Procedure of the Russian Federation). nine0003
Please note!
If a parent pays child support, he is entitled to receive a tax deduction for personal income tax for children (clause 4, clause 1, article 218 of the Tax Code of the Russian Federation).
Remember, at any stage of a family dispute, the Legal Center for Family Affairs of Attorney Anatoly Antonov is ready to provide you with legal support. Call us by phone in Samara + 7 (846) 212-99-71 right now and sign up for a consultation at a convenient time for you.
Lawyer Anatoly Antonov Family Affairs Center provides the following legal services on issues of paying child support for minor children, as well as other family members:
- legal advice;
- drawing up an agreement on the payment of alimony;
- drawing up a statement of claim for the issuance of a court order;
- preparation of a statement of claim for the recovery of alimony and attachments to it, as well as filing it with the court;
- preparation of objections regarding claims for the recovery of alimony, for a reduction in the amount of alimony;
- familiarization with the materials of the case on the recovery of alimony, on the reduction of the amount of alimony; nine0050
- participation in court hearings (possibly without the presence of the principal) for the recovery of alimony;
- obtaining a court decision on the recovery of alimony;
- appeal against the decision of the court in a higher instance.
The original article is taken from the website of the Electronic Journal "Azbuka Prava"
Relevance date of the material: 01/06/2016
To make an appointment for a consultation, call the round-the-clock number +7 (846) 212-99-71 or leave a request below
nine0000 Single-parent familiesSingle-parent families are very common in Finland. The child may be born out of wedlock or the parents may be divorced.
In an incomplete family, one of the parents lives with the child without a spouse. A parent may have the status of "single mother" ("single father") or "joint guardian". The single parent is responsible for the upbringing of the child. In joint custody, the parents agree with each other on matters relating to the child.
Joint custody many decisions concerning the child are made jointly by the parents, for example:
- child's name
- his place of residence is
- education
- language
- religion
- training
- health care
- use of the child's property
Joint custody involves the ability of parents to act together for the good of the child. For example, obtaining a passport requires the consent of both parents. nine0003
Single mother or single father makes all decisions concerning the child independently. Official bodies, i.e. kindergarten and school, provide information about the child only to the guardian. Still, one of the parents can decide on the care and upbringing of the child if the child is with that parent.
Upon the dissolution of a formal or common-law marriage, parents must decide on the custody of the child, on his maintenance, residence and the right to visit. More information can be found on the InfoFinland website under Children in divorce. nine0003
A child can also be adopted by one person. The adoption process is regulated by the Adoption Law. If you wish to adopt a child on your own, please contact the social welfare office of your commune.
The Single Parent Families Association (Yhden Vanhemman Perheiden Liitto) offers information and organizes activities for single parent families. On the Finlex website, you can read the Child Custody and Meeting Rights Act.
Single Parent Families (Pienperheyhdistys) is a public organization founded by single parents and holding various activities for its members. nine0003
The amount of maintenance is calculated according to the possibilities of the parents and the needs of the child. The child's need for maintenance means the amount of money that is spent monthly on the maintenance of the child. This amount includes, for example, the cost of food and clothing, as well as the possible payment for the services of a day care facility. The child's need for maintenance is distributed among the parents in accordance with their ability to pay. Solvency is calculated by deducting taxes and other obligatory payments from income. To calculate child support, you can ask the child inspector (lastenvalvoja) of your municipality for help. nine0003
A written agreement must be drawn up regarding the payment of alimony, which will be approved by the commission on social issues. Such an approved contract has the same legal force as the decision of a judicial authority. Ask the children's inspector of your commune to approve the contract.
If parents cannot agree on child support, they can contact a family dispute resolution organization. You should only go to court as a last resort. For more information on resolving family disputes, see the InfoFinland page Divorce. nine0003
Maintenance allowance
In some situations, the parent living with the child may apply to Kela for maintenance allowance (elatustuki).
You can apply for maintenance allowance from Kela in the following cases:
- You are entitled to support from the other parent, but he or she does not pay you.
- Child support is not approved because the other parent's income is low.
- Support is less than maintenance allowance because the other parent's income is low. nine0050
- You single-handedly adopted a child.
- The child was born out of wedlock, paternity is not confirmed, and the child does not have two parents who are responsible for its maintenance.