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Collect Unpaid Child Support by Conducting an Asset Search

Posted in Child Support on 7th March 2012

Collect Unpaid Child Support by Conducting an Asset Search

If you are one of the many individuals in this country not receiving the child support that is due to you and you are struggling to make a decent living for yourself and your children as a result of this issue, conducting an asset search on the obligor or deadbeat parent is the first place to start.

With the economy at a low point, and the cost of living at a high point, it has become extremely difficult for many people, especially a single parent, to remain financially stable in this country. This is particularly true when the single parent has an ex-husband or wife that is not fulfilling his or her child support obligation. It is not uncommon for a parent to escape this responsibility. Some skip payments for weeks or months at a time, and others don’t pay at all, which forces the other parent to spend more money on attorney’s fees to file a Contempt Complaint or other related lawsuit.  

By conducting an asset search, you can potentially “reach and apply” assets, which will allow you to recover the funds that are due to you. An asset search will also give you valuable information that can help you decide whether or not to limit legal fees spent with your collections action. If your spouse does not have assets, you and your attorney may want to minimize your collections effort.

The best part is that conducting an asset search is quick and simple. Very little information must be provided to an asset search company. For example, at Asset Searches Plus, Inc., all that is needed is the subject’s name and last known address.

For additional information regarding your asset search, feel free to contact us at 1(800)290-1012, at edamaral@assetsearchesplus.com, or www.assetsearchesplus.com.

 

Steps You Can Take To Collect Back Child Support

Posted in Child Support on 29th January 2012

Steps You Can Take To Collect Back Child Support

Article by Ed Opperman

Copyright (c) 2011 Opperman Investigations Inc

Do you have an old child support order that has gone largely ignored by the other parent of your child? For the child’s sake it’s important for you to take every measure possible to collect on that judgment in order for you to support your child. There are many steps you can take to collect and if you are careful and methodical in your efforts you can and will be successful in recovering the money that is owed.

The first thing you should do is contact the child support enforcement division of the family court where you were given the initial child support order. Make sure you have a valid child support order. If not be sure to file for child support and get the order of support. If you are sure you have a valid order then meet with the enforcement division and find out exactly what information they need to collect on your order.

Usually the enforcement division will report the child support judgment to the department of motor vehicles and the dead beat parents drivers license will be suspended. In some cases this will make the parent come running in to settle their debt but in other cases it could make things worse. The parent in arrears can lose their employment or simply drive without a license. Now if they have no job they can’t pay and if they are in jail for driving on suspended license they can’t pay. So this step can actually do more harm than good.

Another step you can take is to locate the deadbeats current place of employment so their employer can be served with an income expectation. The parents pay check will be attached and the child support payments will come directly out of their check. If they are working under the table for cash you may still be able to locate their employer and submit this evidence to the court and still have that income attached. But you will need this evidence documented by a professional so it will stand up in court.

If the parent is elf employed or has a business you may be able to go after his assets or bank accounts. This can be accomplished with an asset search to locate their property and financial records, investments and other income streams. Both of these steps may require the assistance of a private investigator to locate his employment or his assets. While a savvy businessman may be very good at hiding income and assets the experienced investigator can often locate the hidden funds.

Most private detectives will require a retainer up front to locate this information for you. It is important for you to beware of agencies or companies that will offer to locate the deadbeat and their employment and assets on a contingency fee basis. They will want to take a large cut of the child support that they recover. This is unnecessary as you can do much of the leg work yourself and use investigators that charge a flat fee to obtain the information you can’t get on your own. You should at

A Good Child Support Attorney Can Collect Back Child Support from a “Deadbeat Dad’s” Retirement Plan

Posted in Child Support on 11th July 2011

A Good Child Support Attorney Can Collect Back Child Support from a “Deadbeat Dad’s” Retirement Plan

Last week, I discussed low cost options for collecting past due child support, including filing a wage assignment with the Circuit Clerk where the only cost is a certified letter, or working with Missouri’s Child Support Enforcement program (CSE), which charges a nominal /year.

A wage assignment is a great first step for anyone with a delinquent “ex”, particularly one that’s steadily employed for someone else. And, for the person with limited means needing comprehensive assistance, CSE can’t be beat, although their high caseload often means it can take 6 to 9 months or more for CSE to execute their administrative options of tapping into someone’s wages or placing a lien on their bank account.

But for the price, these alternatives deliver real value, but only if they succeed! Too often, though, collecting from “deadbeat dads/moms” can be a frustrating game of cat and mouse. This is particularly true if the owing parent is self-employed or hops from job to job, making a wage assignment ineffective. It is equally frustrating tracking down their savings, which they move from bank to bank, or stash in the account of a friend or family member. Or, the “ex” that has squirreled his/her acorns away in a brokerage investment account or retirement plan, which require more complex legal procedures to break open.

These are situations where a private attorney can be more effective, but at a cost likely to be at least several hundred dollars. The attorney, though, will be able to give your case a great deal more priority and directly execute whatever remedy is needed at the earliest opportunity. (In contrast, CSE first exhausts its administrative options, such as tapping wages and bank accounts, before involving the local public prosecutor to pursue options that require an attorney.)

After filing the wage assignment, your lawyer can move immediately to file garnishments with the court to capture whatever cash, stocks, bonds etc. your “ex” has stored in banks and brokerage investment accounts, plus place liens on whatever real estate and other valuable property he/she owns. However, your lawyer’s ability to move quickly assumes that you have accurate information on where your “ex” banks or maintains his/her investments. If this information is not known or out of date, your attorney can subpoena your “ex” and ask him/her under oath to identify the location of his assets, as well subpoenaing any associates that may be holding funds.

Your attorney can also have a portion of your former spouse’s retirement plan transferred into your name. This is done by having the court issue a Qualified Domestic Relations Judgment Order (“QDRO”), which directs your ex’s retirement plan to transfer up to the full value of the delinquent obligation into your possession. The downside is that often the assets cannot be spent until retirement age, or if they can, a penalty might have to be paid. And in most cases, the person