Tag: Division of Assets & Debts

The Role of Private Attorneys in Child Support Enforcement

In some states, parents can hire a reliable Miami divorce & family attorney to assist them with the process of establishing and enforcing a child support order. However, these lawyers typically charge a fee and may not provide the same results as a state agency. Moreover, many private firms do not specialize in family law. Depending on your specific case, you might need to find a lawyer who is experienced in family law matters.

The role of private attorneys in assisting families with child support orders is to ensure that the parents and their children are receiving proper support payments. This includes the establishment and enforcement of support orders, including determining custody and visitation.

It also involves the investigation and prosecution of violations of state and federal laws related to the establishment and enforcement of support orders. These laws include the Child Support Recovery Act (CSRA), 18 U.S.C. SS 228, which makes the willful failure to pay a past due support obligation with respect to a child residing in another state a federal offense. The CSRA imposes penalties of six months imprisonment or a fine, depending on the nature and extent of the violation.

One of the most common ways that a non-custodial parent may violate a child support order is by failing to pay or making a substantial amount of child support arrears. In this situation, the CSEA can take several enforcement actions that include:

License Suspension

The CSEA can suspend the license(s) of NCPs who are delinquent in their support obligations or whose licenses have been suspended in connection with child support obligations. A copy of the suspension notice is sent to the NCP.

Credit Bureau Reporting

Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, all states must enter into agreements with financial institutions in their states to participate in a quarterly data match program called the “Financial Institution Data Match” or “FIDM”. When a delinquent obligor’s account is matched by a participating institution, the agency can file a lien against the bank’s books or, in certain cases, issue a levy against the account.

A levy on the bank’s books is a type of a lien that can be enforced through court action. The levy is usually levied against the bank’s checking account, but can also be applied against other types of accounts, such as savings and credit cards.

Passport Denial

If an NCP does not pay or make reasonable efforts to make payment of their child support obligation, the CSEA can file a passport application denial against them. This is a form of collection action that does not have any impact on the NCP’s income or assets, but provides a strong incentive to comply with the support order and avoid further delinquency and denial of passport applications.

Administrative Offset

Various federal programs can be used to offset the amounts owed in past-due child support. The Federal Tax Refund Offset Program is the most common method, as it allows the Child Support Enforcement Agency to intercept certain federal payments in order to collect past-due support owed.