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Child Support Collection Enforcement
The child support collection mechanisms now generally available include:
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Wage garnishment. The court typically orders the payer's employer to pay
the support directly out of the payer's wages, before the payer gets them.
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Court enforcement. If the payer is not paying, the recipient can go
back into court and request the court to issue an order, which brings the
enforcement mechanisms of the law (police power, access to bank accounts, investment
accounts, real estate, etc.) into the picture.
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Information sharing. Under federal law, the states are setting up a registry
to share information nationwide. Employers must report all new hires to the registry. This
way, if a payer moves and gets a job in another state, the recipient will be
able to find him or her. Banks, departments of motor vehicles, and cable TV providers
will also share name and address information with the registry. This system is
new in 1997 and 1998, and is still far from complete.
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Drivers and occupational licenses. Many states have laws that withhold
drivers' licenses or occupational licenses (such as a license to practice medicine)
to people who owe child support. A federal law requires all states to enact such laws.
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Passports. If the amount owed is over $5,000, the Secretary of State may
revoke the payer's passport.
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No Bankruptcy. Debts owed to the state for back child support are
not
eliminated in bankruptcy.
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Tax refunds. In many states, the state has established a way to allow
federal and state tax refunds to be applied to back child support.
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Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
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