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  • North Carolina Enforcement

    Just how long does it take North Carolina to enforce a child support order from another state? I have my case in MN. In February of 2005 I finally found my son's father living in North Carolina. He is $12,000 behind on his child support since moving. We immediately informed NC of my order in MN but not one darn thing has been done in NC yet? Is the state that backed up? You see, the father is remarried and has everything under the wife's name, the business, the house, bank accounts and she is his employer. I guess he has done everything in his power for them not to touch any of his assets by putting it all in her name. Hopefully one day it will come back and bite him in his ars. Anyone with a NC case want to inform me on how long the process takes? I think 3 years is a bit long!!

    Thank you

  • #2
    I live in NC......... and it doesn't usually take that long at all!! I think maybe the right people have not been contacted on your behalf...

    In one case I am familiar with, NC extradited a dead-beat dad $12,000 in the hole back here from LA and put him in jail until he could make arrangements.

    I would personally call the DSS in the county where he lives and ask them what they need to enforce the order, and if they even have the order. I do not know what county you live in but the state DSS (Department of Social Services) has a pretty good web site. I am able to monitor support payments, current standing, etc. right from the web site.

    I am in Eastern NC.... don't know if I can help in any way but I'd be glad to do anything I can.

    God Bless!
    Amy

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    • #3
      Thanks for your input. NC does have all my paperwork from MN. They tried to take him to court once but once again they could not locate him to serve him even though they have his address! Everytime I call them or email them they tell me to talk to my CS worker here in MN. It is getting so frustrating because it seems like neither state is doing anything. Recently I sent a letter to both MN and NC asking them what the heck is going on but have gotten no response. 3 years is way too long to have to try to collect from this dead beat.

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      • #4
        How much does he owe? (there is a reason I am asking, I promise).
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          He owes just about 12 grand

          Comment


          • #6
            Okay....

            SINCE you live in different states, you need to get with MN and discuss the possibility of federal prosecution.

            Now granted, it's a long shot because I don't think that all other options have been exercised yet.

            I do know how frustrating this is. I've been through this with NC. They're not exactly on the ball.

            Do you have his address? If you have an address that you think might possibly be his, send a certified return reciept 'letter' (it can just be a blank piece of paper) that he has to sign for to verify that that IS his address. Once you get that, contact your case worker and provide the actual address. Tell the case worker (you may have to get the supervisor) that you want this enforced. You may have to call them 5 times a day.

            Have you been to the web site for NC child support? If not, you need to go there and register. You can get updates on any court dates and action that has been taken on your case.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              I have done everything I think I can. I have registered with NC, I have his address due to the fact the house is in the wife's name and it is for sale. The only reason I located him is because I did a search on her. Then I put the address into Google and his name comes up for his business that he does under his wife's business. I feel like NC just doesn't care about a case that is out of state. This man walked away from his son at the age of 6 and he is now 13 and wants nothing to do with him. But I will with all my power keep going after him to take care of his responsibility. I am waiting for the day he is in jail and the wife will have to bail him out. Thanks for your help

              Comment


              • #8
                Out of State Orders in NC (long, sorry)

                An out of state order to be enforced in NC is called An Order for Foreign Support. It is sent from your county agency's caseworker to the Central State Office. From there it goes to the Central Office of NC. They sent it to the county where the address on the paperwork indicates the absent parent(AP) is living.

                The NC county agency issues the papers to the county Sheriff's Dept. or other Child Support Enforcement Unit for service. The papers can be personally served to the AP (personal service), or left with any competent adult or child over 14 (roughly, depending on apparent maturity level)who lives at the residence (3rd party service). The papers cannot be left with anyone at the residence who doesn't live there, or with someone else at any other residence or business. They CAN, however, be served on the AP, at a friend's house, relative's home, or anywhere he can be located.

                When the deputy goes to the residence, they will ask for the person named on the paper. If told the person isn't there, they will then ask if the person indeed lives at the residence. If told yes, they will ask if they can leave the papers for the person. The person answering the door has the option to say no. If that is the case all the deputy can do is ask when the person might be home, and try again.

                If no one answers the door, typically the deputy will leave a note on the door for that person to contact him or the Child Support Agency.

                Until he is served with those papers, NC can do nothing to enforce the child support order.

                If he has not been served in NC, and you are POSITIVE that the address on the paperwork is his correct address, then one of a few things is happening ...

                1. No one is answering the door when the deputy arrives.

                2. Someone answers the door, says they are not the AP, and refuses the service. The AP could even be the one doing this!

                3. Someone is answering the door, and claims not to know the AP, or says he moved and they don't know where he is now living.

                The only way to really know the status of the paper is to call the CSE agency and ask if deputies or some other enforcement unit serves their papers. Once you find that out, contact that agency and give them the name of the AP. Ask if there are any current active civil or child support papers listed for that person.

                If there are not, ask for the disposition and date of the last paper listed for him in your case. If the paper was returned, there should be a reason listed (such as ... Unable to locate in X Co. Person living at address identified himself as XYZ and claims not to know AP. or Unable to locate in X Co. Made x number of attempts, did not get an answer at door. Notices were left each time.)

                If there are, find out who the paper is assigned to, and ask how to contact them. If you are able to make contact with the deputy holding the paper, ask them if they can share the status of the paper with you, what kind of problems they are having trying to get it served, etc. Ask if there is anything you can do to help (a description of the AP, whatever).

                These papers do expire. Check with your caseworker and ask her to contact NC to see if the papers have expired and need to be reissued. If several attempts were made to serve the AP unsuccessfully, the papers may have been returned as unable to locate. If this has happened, your local CSE agency should have been notified, and will have to ask to have the papers reissued.
                The more information you can give your local caseworker, the better chance you have of getting the papers served assuming she passes it on.

                If you find the papers are still active and in the hands of a deputy, answer as many of the following things as you can, do research, if you are still on speaking terms with any family members of his, ask them (casually or pointedly) ... and when you contact the deputy, let him know everything you can find out.
                1. Do the AP or wife have any family in the same county, or have predictable habits (Sunday brunch at the local IHOP each week).

                You said he works for his wife.
                2. Do you know if its a home-based business, or if they have an office outside the home?

                3.Do you know or can you find out the name of the business?

                4. Does he have other children now?

                5.Do you know where they go to school or if they play sports?

                You can also check NC Court Systems Website. You can look up his county and find out if he has any pending criminal cases (some counties may also list civil cases).
                Here is the direct search page
                (http://www1.aoc.state.nc.us/www/cale...inalQuery.html)

                If the paper is still active and you talk to the deputy, let him know your ex has traffic court on such and such date. Check his wife's name also, he might go to court with her.

                All of this can only help your case. The more information you can provide, the better the chance of getting your paper served.
                I know you may think its CSE's or the deputy's job ... but remember, they each have hundreds of cases, you only have one. Do a little digging, a bit of research, and pass it on.

                Also, just remember you catch more flies with honey than with vinegar. Think of any information you find as honey. Let the agents, and the deputies know that you are trying to help, and are willing to help in any way you can. Serving child support papers may sound easy, but please understand that it isn't. Some APs are going to step up to the plate, and do right by their children. Others? Well, that's what Hell is for.

                Good luck
                Doing what I can ... one deadbeat at a time ...


                You think condoms are inconvienent? a mood killer? expensive? Try children!

                Average Cost of Condom ... $.75
                Average Cost of Child Support ... $75,000.00
                Making your own choices in life ...Priceless

                Comment


                • #9
                  Oh my gosh, thank you for your input.

                  I have found out the name of the business and it is out of their home but when they first moved to NC they must have lived with her Brother until their house was built. The business papers still state the brothers address and phone number. I check the NC site every so often to see if they change the name etc. I also check the register of deeds website to see if they have purchased a new home or not. Like I stated before, the current house is still for sale. He does have another son who is a little over 1. If I mail him anything certified it will come back because he knows it is from me and will send it back. He is ruthless......I cannot even get a tax return from him because I am sure everything is done under his wife. Whatever they are doing is going in their favor until they really get him. But thanks again for all the input. Hopefully I can put some of it together and get this case moving along!!

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                  • #10
                    I hope you can as well. If they are working out of their home, then they probably don't have the child in daycare ...

                    It sounds as if you have a good grasp on the type of research you need. Just be persistant, and keep digging. Sometimes it takes time, patience and eventually the stars line up for you. I hope it happens soon.
                    Doing what I can ... one deadbeat at a time ...


                    You think condoms are inconvienent? a mood killer? expensive? Try children!

                    Average Cost of Condom ... $.75
                    Average Cost of Child Support ... $75,000.00
                    Making your own choices in life ...Priceless

                    Comment

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