child support through TX OAG, EX is in CA

[whatadiva]

What is the name of your state?TX

How do I get TX OAG to communicate with CA OAG to enforce the collection of child support?

Ex is NOT working. He was just released from sD county jail on felony charges (harassment on elderly grandma and violating his restraining order that she took out against him). He is back home living with his mom.

I have an upcoming court case next week I need to show them proof of medical and dental ins. that i have in place through my employer.

Are they going to question his whereabouts?

 

[LdiJ]

What is the name of your state?TX

How do I get TX OAG to communicate with CA OAG to enforce the collection of child support?

Ex is NOT working. He was just released from sD county jail on felony charges (harassment on elderly grandma and violating his restraining order that she took out against him). He is back home living with his mom.

I have an upcoming court case next week I need to show them proof of medical and dental ins. that i have in place through my employer.

Are they going to question his whereabouts?

If he is not working he has no wages to garnish therefore it would be nearly impossible to collect from him.

 

[whatadiva]

If he is not working he has no wages to garnish therefore it would be nearly impossible to collect from him.

ok. so therefore he is let off easy you would say?

 

[stealth2]

ok. so therefore he is let off easy you would say?

Arrears will continue to accrue, he may lose licenses, passport, have tax refunds diverted, etc. You can file to have him found in contempt. But you may not see any money for a while. It's why we tell people to not count on child support as income.

 

[torimac]

I had an order with California and moved to TX for a job. It took two years to get TX to enforce the order. I sent them certified copies and I called every month. Be persistent. Have you opened a case with TX OAG yet? That is the first step.

 

[whatadiva]

I had an order with California and moved to TX for a job. It took two years to get TX to enforce the order. I sent them certified copies and I called every month. Be persistent. Have you opened a case with TX OAG yet? That is the first step.

Yes. I already have a case with TX OAG, I thought that they would work with CA OAG and have a case opened in CA end

 

[torimac]

It sounds like you are at a different approach than I had, so I will have limited knowledge on that. My orders started in CA and I had problems getting TX to deal with those orders. By starting in TX and then enforcing them in CA you may bypass some of the difficulties I had.

 

[whatadiva]

It sounds like you are at a different approach than I had, so I will have limited knowledge on that. My orders started in CA and I had problems getting TX to deal with those orders. By starting in TX and then enforcing them in CA you may bypass some of the difficulties I had.

Ok so a custodial's due diligence would be to open a child support case in BOTH states or multiple states in order for them to go after the NCP?
I already have case opened with TX OAG, i didn't have one with CA OAG. I just filled the online form over the weekend.

 

[torimac]

No, you do not open a case in CA. TX will enforce the case in CA.
For example, I had a case in CA. I moved to TX. I filled out paperwork with TX to have my CA case moved as child support follows the child. My ex was still in CA (and later NV), so the support would need be collected there. I called TX almost every month to get an update, to push them to get certified copies of the court order, and then to push for enforcement and collection of funds in CA.

In your case, you have a TX order. They will work with CA to collect the support and enforce the order when necessary.

But, it has been my experience, that TX will move slowly on interstate cases. It does not hurt to call then regularly to force them to review the current status and hopefully moving them into action when they do review the case with you.

 

[whatadiva]

No, you do not open a case in CA. TX will enforce the case in CA.
For example, I had a case in CA. I moved to TX. I filled out paperwork with TX to have my CA case moved as child support follows the child. My ex was still in CA (and later NV), so the support would need be collected there. I called TX almost every month to get an update, to push them to get certified copies of the court order, and then to push for enforcement and collection of funds in CA.

In your case, you have a TX order. They will work with CA to collect the support and enforce the order when necessary.

But, it has been my experience, that TX will move slowly on interstate cases. It does not hurt to call then regularly to force them to review the current status and hopefully moving them into action when they do review the case with you.

he just got out of jail on felony charges. he misses his kids. i don't want him going back inside because of no payment - his mom bought him a brand new sti and he totaled it the very next day (this was before he went to SD county jail)! those are not his assets though. he has NO ASSETs to his name!! I texted his mom asking for the address to send kids school pics!!!! (thank god for those online paid sites where you can get people info - cause i forgot the address she gave me) and he texted me back on Skype saying- i'll give you the new one next time no point in sending them here! yes I will provide that address to county court tomorrow when i have my appointment to prove the kids dental and health ins details. But it really seems he has it easy and i can't do anything about it. I don't rely on CS for income. i work!!! full time! and have the kids in prek and school! but although he 'misses' them he has zero interest in financially supporting them!!!! thank god I have my family around cause i don't know what I would have done without them. After the divorce minus the house. I am also DEBT FREE from the joint accounts we had.

 

[not2cleverRed]

No, you do not open a case in CA. TX will enforce the case in CA.
For example, I had a case in CA. I moved to TX. I filled out paperwork with TX to have my CA case moved as child support follows the child. My ex was still in CA (and later NV), so the support would need be collected there. I called TX almost every month to get an update, to push them to get certified copies of the court order, and then to push for enforcement and collection of funds in CA.

In your case, you have a TX order. They will work with CA to collect the support and enforce the order when necessary.

But, it has been my experience, that TX will move slowly on interstate cases. It does not hurt to call then regularly to force them to review the current status and hopefully moving them into action when they do review the case with you.

Thank you! I was beginning to wonder if this was just a case of TX being unique. Since OP is in TX, and the cs order is from TX, I was wondering why is it not sufficient to just give TX OAS Dad's info and let them track him down?

If OP transfers the case to CA, wouldn't that mean all further modifications of the orders go there?

I hesitated to comment, because I have no experience with TX OAS, but logically there should be a pattern to interstate enforcement. For example, my order is from NY, I'm a custodial parent living in NY, I did the paperwork for NY Child Support Enforcement Bureau, gave what info I could about my ex, and let them figure it out. Granted, he's never explicitly given me his current address, although I think I know what state he lives in... But NY CSEB was able to figure out how to find him. When he was in New England and cashed out his entire retirement fund they froze his bank account and intercepted his tax refund. When he decamped to the Midwest, they found him and garnished his wages.

What is the name of your state?TX

How do I get TX OAG to communicate with CA OAG to enforce the collection of child support?

Ex is NOT working. He was just released from sD county jail on felony charges (harassment on elderly grandma and violating his restraining order that she took out against him). He is back home living with his mom.

I have an upcoming court case next week I need to show them proof of medical and dental ins. that i have in place through my employer.

Are they going to question his whereabouts?

Are they going to question his whereabouts?! If he appears at court (physically or telephonically), they'll ask him, not you. If he doesn't appear, they'll mainly be concerned with whether he was properly served, if he was supposed to appear.

If asked, answer with the truth, to the extent that you know it.

He it the one that has to account for his whereabouts, not you.

VOE: NCPs who are evasive about such things in court irritate the judge. It makes them look less honest.

 

[whatadiva]

Thank you! I was beginning to wonder if this was just a case of TX being unique. Since OP is in TX, and the cs order is from TX, I was wondering why is it not sufficient to just give TX OAS Dad's info and let them track him down?

If OP transfers the case to CA, wouldn't that mean all further modifications of the orders go there?

I hesitated to comment, because I have no experience with TX OAS, but logically there should be a pattern to interstate enforcement. For example, my order is from NY, I'm a custodial parent living in NY, I did the paperwork for NY Child Support Enforcement Bureau, gave what info I could about my ex, and let them figure it out. Granted, he's never explicitly given me his current address, although I think I know what state he lives in... But NY CSEB was able to figure out how to find him. When he was in New England and cashed out his entire retirement fund they froze his bank account and intercepted his tax refund. When he decamped to the Midwest, they found him and garnished his wages.

hmm so there is a way to track down the ones that do not pay CS. interesting. well. he won't be filing taxes. since he doesn't work.
not sure if he is a dependent of his mom's. I really don't know if there are any positives in this current Outlook.

I don't want my CS orders to be transferred. all I want is for TX OAG to work with CA OAG on the collection of the debt. the appointment i am going to tomorrow is for me. the letter was NOT addressed to him. It has been a while since TX OAG wrote a letter to him at my address (where he used to reside) on an appearance at court.

 

[torimac]

As I was told by TX OAG, they will work with other states to enforce child support. However, TX cannot by itself enforce the child support if the NCP is in another state. The NCP will be a resident of that state and subject/protected by the regulations of that state. Child support is still a court order that needs to be obeyed but another state has limitations on what it can do to a resident of another state unless it is a federal matter.

If I am remembering that incorrectly, I am sure one of the seniors will correct me. It all boils down to the fact that the order is in a different state than the NCP. As child support stays with the child, it will stay in TX for now, who will work with CA.

 

[whatadiva]

As I was told by TX OAG, they will work with other states to enforce child support. However, TX cannot by itself enforce the child support if the NCP is in another state. The NCP will be a resident of that state and subject/protected by the regulations of that state. Child support is still a court order that needs to be obeyed but another state has limitations on what it can do to a resident of another state unless it is a federal matter.

If I am remembering that incorrectly, I am sure one of the seniors will correct me. It all boils down to the fact that the order is in a different state than the NCP. As child support stays with the child, it will stay in TX for now, who will work with CA.

Ugh I knew this would be an issue for me

 

[PayrollHRGuy]

Ugh I knew this would be an issue for me

It really shouldn't be an issue. TX will work with CA and CA will work with Texas.