Thursday, January 31, 2013

How do I collect back child support? - Part 1

Child support is due on the first day of each month and is late after the last day of the month. If child support goes unpaid the payor is in arrears. Each month of child support that goes unpaid begins to accrue interest. However, it does you no good if you can't collect it.

One option is to go to the Arizona Attorney General's Office Child Support Enforcement Division and open a IV-D (that's roman numeral 4 - D, a reference to a particular section in the Social Security Act) case. This route has its advantages because it's free, the attorneys handle everything for you and they have means and methods of collecting money available to them that private attorneys and/or you as an individual do not. However, you have to be willing to go down to your local Child Support Enforcement office, wait in a line, which can often be long, fill out a lot of paperwork and join the bureaucracy train.

Despite my previous comments, I actually do advocate for this option and have sent several of my former clients to the office in certain situations. I recommend opening a IV-D case when you have a spouse who changes jobs frequently, whose employment may be unknown or if you don't have money to hire an attorney and do not want to embark on this process alone. If you have a IV-D case, those working on your behalf have the ability to do things outside of court to collect money, such as intercept tax refunds and garnish bank accounts. These collection options happen automatically without the need for a court appearance and hearing.

Another advantage to a IV-D case is that the attorney requests and handles the child support arrears calculation. A complicated calculation has to be done to determine just how much is owed in back child support to reduce it to a judgment. If you handle collection on your own you have to request and interpret the arrears calculation and having read many, I assure you they are not easy to understand.

If you have received Temporary Aid to Needy Families (TANF) or other cash assistance from the state during the same time period that you were owed child support and not paid, the state will automatically open a IV-D case. The reason for this is to recoup from the delinquent payor the money it essentially paid on his/her behalf. If and/or once arrears money begins to be collected, it will go to the state to repay the cash assistance it paid you until paid in full. Any funds over and above that owed to the state that are collected will then go to you.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.