arcana
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CSE enforces child support for my case, I just found out from ex's mother that he is on his way to Arizona. Apparently he asked for a transfer there so he wouldnt have to spend winters here anymore. No mention of when he will ever see his child again. Anyways since its the same company(Toys R us) will they just garnish his wages there?
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Renny
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Reged: 09/24/11
Posts: 479
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In short, yes, but keep CSE informed of his move and whereabouts.
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arcana
recently joined
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So yes they will garnish his wages because its the same company? I have no idea where in AZ hes going, and his mother wont tell me. So I cant really keep CSE informed when I have no information.
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Renny
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To garnish wages there has to be a court order from a court with jurisdiction even thpugh the company is national. The order will have to issue from an AZ court. Child services will enforce the current cs garnishment in AZ.
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arcana
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How do I get an order from an AZ court? I live across the country?
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arcana
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When* I live across the country. There is already a garnishment order in my state.
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Cassie23
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To garnish wages there has to be a court order from a court with jurisdiction even thpugh the company is national. The order will have to issue from an AZ court. Child services will enforce the current cs garnishment in AZ
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This is incorrect information. CO stays in the same state and jurisdiction remains in your sate even though your X is moving. Your X is suppose to keep CSE informed. You can call CSE and see if they have received any info thus yet. You can give them what you know.
I would think that if CSE stops receiving garnishments from your X's employer they will contact that employer for any information. They can do a SS # run and see where he is currently employed. They will send the order to the payroll dept. to the new employer and they will garnish. The current CO will be used and YOUR state (the CSE) will collect.
That is what happened when my H moved from NYS to another state. It was NO issue to collect from him with the same CO, same jurisdiction, just had to inform CSE of the change. NY collected our new state was not involved AT ALL.
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Renny
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Agreed that your H has an obligation to inform CSE and that the original income deduction order is the one that is enforceable. How to enforceit though often depends on interstate agreements and ultimately the order is enforced by order of the local court. This may not be a problem with a company with a centralized payroll. I don't know how toys r us is organized. In any event, as I said originally, CSE will collect. Thanks for the clarification cassie.
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Sherron
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"How to enforceit though often depends on interstate agreements and ultimately the order is enforced by order of the local court."
Maybe this varies from state to state, but it's been my experience that it's enforced by the local cs enforcement office, jurisdiction does not change and the local court only intervenes if contempt of the order is an issue.
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Renny
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AS you know, in lieu of a federlm law on cs enforcement therenare ineterstste agreements. The cs services in county will contact counterpart in the jurisdiction where the H resides and enforce the order through local serviceof process and procedures, the cs services in onrvstate don't sctually go another state like federal marshals.
The toys r us situation is different in that it may have a centralized payrol office that honors the order from the original court. That wouldnt be the case if it were a franise or somehow decentralized', as in the case of aamco transmission, mcdonlds Starbucks etc. But this is not myarea of expertise. In mybexperience, Child support services are slow but eventually get to a good many deadbeats.
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Cassie23
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AS you know, in lieu of a federlm law on cs enforcement therenare ineterstste agreements. The cs services in county will contact counterpart in the jurisdiction where the H resides and enforce the order through local serviceof process and procedures, the cs services in onrvstate don't sctually go another state like federal marshals.
The toys r us situation is different in that it may have a centralized payrol office that honors the order from the original court. That wouldnt be the case if it were a franise or somehow decentralized', as in the case of aamco transmission, mcdonlds Starbucks etc. But this is not myarea of expertise. In mybexperience, Child support services are slow but eventually get to a good many deadbeats.
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Again I don't find this to be the case. We have moved twice to TWO different states other than NYS while my H had a CS order being garnished from him. Two different companies, none of them in which were a national/international chain, sort of speak.
One thing I will say about NYS once they get the order they are QUICK to start garnishing wages. Being on the end of OWING CS and the end of being OWED CS- through one state and living in another...it took a few weeks TOPS to receive it.
I would, in the OP's case, contact CSE and see if they have received any information from the NCP in regards to job change venue. If not, I would give the information I was privy to. You may have to give the information, through mail, handwritten.
Even in our case, if we had to file contempt of court for non payment or whatnot we were told we would have to file through the court with jurisdiction. Everything, in our case, went through NY. We hired a NY lawyer (while in a different state) and handled all court cases over the phone. CSE was set up by mail and phone. CO was sent there, we received the paperwork asking for any pertinent information to TRACK down BM (if needed). I am certain BM responded and CS was garnished from her and sent to us. Again, we are the flipped version as now H receives CS while BM pays. She is still in NY, we are in a different state- the order and garnishment is still through NY CSE.
When it was H paying the CS to BM, no local chapters were contacted. The order was from NYS and NY CSE contacted H's employer to receive any and all information. NY CSE was even able to ask and receive an income validation from his employer (a handwritten copy of what H's check looks like- how much he makes before and after taxes, deduction and any bonuses).
If I were the OP I would call and ask your local CSE department if they will be able to collect CS from her X in the state of AZ without having to get the local courts involved.
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Cassie23
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When reading up on this apparently ALL states have an interstate CS enforcement policy. So that should not be an issue regardless of what state you are in.
Secondly, I found this:
Definition of an Interstate Case
An interstate case occurs when one of the parties in a support case moves out of state and any of the parties requests assistance from the Title IV-D child support agency in another state. The interstate case results when two or more Title IV-D agencies in different states are coordinating Title IV-D services. It is NOT an interstate case when one party moves out of state, and all of the Title IV-D services can still be provided, through an administrative process, by the state, which issued the original court order.
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Which must be WHY we never had issues. We were not considered "interstate" because ONE of the participants still resided in the "home" state, the state with the original order. Which IS the case with the OP. She is still in the home state and her X is the one moving....so she should have no issues because AZ state does not have to get involved (which is what we witnessed moving).
It also goes on to mention that the CSE office has the ability to look up SSN to find a payor's employment information as well as getting information from the State Department of Employment.
I don't see the OP having any issues receiving support while her X relocates (if he continues to keep a job).
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Sherron
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"I would, in the OP's case, contact CSE and see if they have received any information from the NCP in regards to job change venue. If not, I would give the information I was privy to."
Makes sense to me, seems like CSE would know what if anything the OP has to do.
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annieo
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Reged: 07/07/10
Posts: 1408
Loc: Pacific Northwest
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when we moved from one state to another the order followed for CS and hubby did not work for the same company - the company one goes to work for has the employee fill out that paperwork about cs and then they go from there - if the company does not take the money out of the pay of the employee the company can be made to pay it - at least that is how it is in Washington state and Alaska
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MrsB
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<<Maybe this varies from state to state, but it's been my experience that it's enforced by the local cs enforcement office, jurisdiction does not change and the local court only intervenes if contempt of the order is an issue. >>
This has always been my experience as well.
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arcana
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I have called CSE and no one gets back to me. Theyre a difficult agency to get a hold of. I understand that they do have a lot of cases tho.
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Cassie23
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Try email and relay all of your contact information.
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Renny
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Researching the CSE issue I learned that title IV-D,man amendment to the SS Act, provides that all the states will have a program to distribute federal aid to children and collect cs if requested, plus other services. So, CSE is a hybrid federal/state program. Here are some provisions
Primary responsibility for operating the CSE program is placed on the States. Each State must have an approved State plan indicating that:
The State has designated a single and separate organizational unit to administer the program;
The State will establish paternity and secure support for individuals receiving AFDC and for others who apply directly for CSE services;
Child support payments will be made to the State for distribution;
The State will enter into cooperative agreements with appropriate courts and law enforcement officials;
The State will establish a State Parent Locator Service (SPLS) that uses State and local parent location resources as well as the Federal Parent Locator Service (FPLS);
The State will cooperate with any other State in locating an absent parent, establishing paternity, and securing support;
The State will maintain a full record of collections and disbursements made under the plan.
In sum, CSE has the duty and the means to collect cs. I would think the state whose CSE program has jurisdiction in the one where the children reside, or did reside until they established jurisdiction in another state.
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Sherron
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"In sum, CSE has the duty and the means to collect cs. I would think the state whose CSE program has jurisdiction in the one where the children reside, or did reside until they established jurisdiction in another state. "
The child in the OP is not moving, the father is, so jurisdiction remains in the child's state, no AZ order is needed.
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Renny
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Yes sherron, I agree no AZ order is needed.
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Cassie23
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And...if the child moves and one parent still resides in the home state then jurisdiction still stays in the home/original state too. Unless one tries to change the venue. That is our case. NCP moves and pays CS to CP in NYS. Then child moves in with NCP in different state, CP now becomes NCP and pays to the new CP out of state= order stays in home state and is collected in home state (even though child is not in NYS any longer).
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Renny
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This is a weird result Cassie, but I don't doubt it's true.
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