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Interstate Child Support... none-payment

Pontiac, MI |

I currently have a child support case against my daughter's father. The case has an affective date of 10/28/12. He is to pay $301 (support) and $16 (medical) a month. The only amount I got from him thus far is $813, from his income taxes in April... he is $2114 in arrears. The case was opened through the Oakland County Friend of the Court/Prosecuting Attorney. I have a default case against him ( he did not return the papers sent to him). He lives in PA. he works and off and doesn't seem to keep a job very long. (he has never had money with-held from his checks... unsure why that is, if they have his SSN shouldn't the state know where he is working?) I have found out that he has a new job, but not sure where.... My question is what can I do?

what actions should I take to collect the money? how do I go about getting the money with-held from his paychecks, with him living in another state? (and who knows how long he is going to keep this job) do I have to do a check with-holding with each new job he gets? or once there is one on file the state of PA will have it with held from him and sent to me in MI?

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Attorney answers 2

Posted

Unfortunately, you will have to notify FOC of his employer/employment so an Income Withholding Order gets entered and sent to the employer. By the time it reaches the employer, he may already be on to another job. The fact that his social security number is known is not relevant to collecting the support. You are not in this boat alone. Without an income or his known whereabouts, there's not much you can do. You can contact a PA attorney of private investigator to look for property or a job he may be employed at, but then a certified copy of your Judgment would have to be registered in PA and then the work begins. It will be difficult to find an attorney to do this, as you'll probably be charged as much or more than what you're owed. I don't know any attorneys who'd take a matter of this nature on for a percentage of any recovery. It is just not a wise investment of time for an attorney.

Neil M. Colman
www.divlawyer@gmail.com
586.254.1100

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Posted

You need to keep the Friend of the Court informed of any information you have one him. They will collect the support for you. Unfortunately, he does have to be working for the Friend of the Court to collect the money. For you to collect on your own, you need to have the State of Pennsylvania acknowledge your Michigan judgment and then proceed with collection.

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