Friday, May 3, 2013
Child Support Enforcement Outside The United States & NYS Child Support Enforcement
Yes, if your child's other parent has left the United States and owes you child support, you can still enforce the order in some foreign countries. However, you should first attempt all of the traditional methods of child support enforcement.
What is the Child Support Enforcement Program?
The Child Support Enforcement Program was designed as a partnership between federal, state and local agencies. These groups share information through the program to help enforce child support orders that are not being paid fully or at all.
What is the Federal Parent Locator Service (FPLS)?
The Federal Parent Locator Service (FPLS) is a nationwide computer system that:
Locates and tracks non-custodial parents who owe child support. Locates and tracks custodial and non-custodial parents for the enforcement of child support, visitation and custody orders. Tracks support orders involving the same parties in different states
How Does FPLS Work?
The FPLS works through the use of two databases:
The Federal Case Registry: a national database that keeps information on child support orders from 1998 forward The National Directory of New Hires: a national database that keeps information on employment and unemployment from 1997 forward
Who Can Use FPLS?
The Federal Parent Locator Service can usually only be used by state agencies and courts that seek to regulate and enforce child support, visitation and custody. Private individuals cannot use the system directly, but must make requests through either their state agency or court
In What Counties Can I Enforce a Child Support Order?
Congress has established child support enforcement treaties with these countries:
Contact and work closely with your state's child support agency. They will have the resources to contact the necessary offices abroad to enforce your child support agreement. For a complete list of countries and for additional information, please visit the Office of Child Support Enforcement, International Section, click here. You can also visit the Hague Conference on International Law, click here.
What If My Spouse Lives In a Country That Is Not In That List?
Even if there are no federal agreements with the country, your state may have an individual agreement with that country, particularly countries that are close to the state such as Mexico or nations in the Caribbean. If there is no state or federal agreement, then a child support agreement can only be enforced by a local tribunal. Have your attorney check state laws to see if the state has established an agreement with that country.
How Can I Locate an Absent Parent Overseas?
Check U.S. embassies for information regarding whether a person has registered with a U.S. embassy or consulate abroad. More detailed information, however, is usually protected by privacy acts and cannot be revealed. U.S. embassies do not have the personnel to help you find a missing parent, but they can usually refer you to a local investigator.
If the absent parent is a member of the United States Armed Forces, the military has a wide variety of resources to help enforce your child support agreements and will locate the person. If the absent parent is an employee of the Department of State or Foreign Service, the government has similar resources to help.
If I Owe Child Support, Will I Be Able To Leave The Country?
A parent who owes more than $4,000 in child support obligations will have their passport application denied and any existing passports may be revoked.
NYS Child Support Enforcement
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. Visit OTDA. For NYS Custodial Parent Services, click here.
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.
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.
New York State lottery winnings may be intercepted to pay overdue child support.
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.
The New York State Division of Child Support Enforcement and the U.S. State Department work together to prevent delinquent noncustodial parents from renewing or obtaining a passport.
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.
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.
Posted by Figeroux & Associates at 9:20 AM