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What child support enforcement actions can i take on my own?

Wesley Chapel, FL |

Over $55,000 owed in child support. Over $4,000 owed in medical reimbursements. Not paid the court ordered health ins for children since 2008. CSE been on case since 2009. Three contempts done by me w/atty -one criminal. Found guilty in all. Doesn't do what court order states after contempts. CSE susp license (is now on probation-still drives and previously got a business license), Passport denial (he's currently in Mexico vacationing), tax intercept (doesn't file) IDO (works for self). CSE won't touch bank acct-puts everything in business name-can prove he owns business-has given token pymnts to me through this acct. Can I put lien on property-his house is currently for sale. CSE isn't doing after several requests. He filed foreclosure, CSE didn't answer the motion from the bank

correction-he didn't file foreclosure-bank attempting foreclosure-hasn't made house payment since 2009. Investment property-not homesteaded. He is attempting a short sale. Can I place lien if CSE isn't doing it?

Attorney Answers 2

Posted

the problem is probably the priority of the liens. The mortgage company most probably has a superior lien to your child support arrearages. It sounds like CSE is doing what they can, although with three contempts (one criminal) and still $55,000+ arrears it doesn't sound like the purges were very high. If he is vacationing in Mexico (with a suspended passport?), it sounds like you need to hire a private family law attorney to possibly take over for the DOR. I do not recommend your trying this on your own based on the facts you gave. Realize though that you are going to have a rather large retainer to pay to hire a private attorney for the issues described so that is something to consider as well.

Family law rules differ significantly in every state, especially procedural rules. Always seek the advice of an attorney in the state where your divorce was filed.

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1 lawyer agrees

7 comments

Asker

Posted

Although they have in place passport denial-he already had a passport when CSE did that. Do they suspend passports or is he pretty much free to travel out of the country till it expires in 2017? Re: criminal-judge chose not to sentence him (judicial warning)-the civil contempts-no purge-issued court order to pay certain amounts-never made one payment. Lien-the child support judgment came 2 years prior to the foreclosure filing. Can I put a lien on his car?

Mark Scott Rubin

Mark Scott Rubin

Posted

Interesting, I talked to someone pretty high up in CSE about this and they said it should be akin to the drivers license suspension. If it was denied then it should be when CSE did it and not until 2017 when a renewal would come up - which would not make much sense. If the passport was invalidated it should have been caught when it was scanned when he left the country. But I would talk to your local SCE rep and find this out. Perhaps denials are hard to flag although they do not scan passports before you leave he country. And personally I don't know that answer - but CSE should. You say no purge - but was it a delayed purge - i.e., pay this amount by this date or a purge will be issued? As to the lien on the car - CSE can do this. from their site: "Noncustodial parents who owe past-due support may have liens placed against their property such as houses, mobile homes, land, cars, boats and other valuable items until the support is paid." Have you gone in and requested a meeting with the CSE supervisor - and then that supervisor's boss? Unfortunately, these days and with the lack of funding going to CSE that is sometimes the only way to get something accomplished. Good luck.

Mark Scott Rubin

Mark Scott Rubin

Posted

sorry, typing too fast, meant they DO scan passports when you leave the country

Asker

Posted

You have been so very helpful, thank you. One thing I failed to mention, also, is that he is on probation-misdemeanor for driving with exp dl (second time) and exp tag for 6 months....He traveled out of state for a week in July and now to Mexico-out of the country. Folk on probation are allowed to travel out of the countrY?

Mark Scott Rubin

Mark Scott Rubin

Posted

well that sounds unusual, but I am not a criminal attorney. It would seem the only way he could do it would be if he received permission from his porbation officer. But perhaps someone who practices in criminal law can better answer this.

Mark Scott Rubin

Mark Scott Rubin

Posted

In response to Mr Smitten, CSE does do a pretty good job in some counties and it does sound like they are working on your case. And he is correct, you can hire an attorney to co-counsel with DOR on your case which may save you some attorey fees. I am co-counsel to DOR on a number of cases -but I was their attorney for ten years (1995-2004) - so I have a good working relationship with them. But if you can find someone in a similar situation (in fact, perhaps ask your DOR counsel for a recommendation) hiring co-counsel is actually not a bad idea.

Asker

Posted

Thank you so much....wish you were in the Tampa Bay area!

Posted

CSE does a pretty good job but they are swamped. You can get your own attorney who can work with CSE on the same case.

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