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Interstate Support Enforcement NM and AZ

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  • Interstate Support Enforcement NM and AZ

    My wife was divorced 16 years ago and has 3 children from that marriage. We married 15 years ago and I have been virtually the only father figure in the children's lives..currently 19, 18 and 16 and we have 11 year-old twins between us.

    NCP moved from New Mexico to Arizona and has been very sporadic about paying support. Arrears currently at over $100,000 and a lien was just entered by AZ for $103,000 on his house, licenses revoked...etc....finally

    He has.....

    Refused to pay support...claims I make enough money to pay for the kids.
    Does not work for anyone where it can be traced by SSN....works under table and in his own businesses.
    Has his wife work so he doesn't need to.
    Completed a Quit Claim Deed recently to move the house into his wife's name....doesn't really make sense since AZ is community property and they purchased the house while married.
    Obtained a Bank Account using the name and SSN of the oldest child....he is William Jr...child is William III.

    Every time my wife has tried to take him back to court, he finds ways to wait us out 'til we run out of money. Support has never been adjusted....he refuses to send W2's or tax returns. The courts don't do anything, Child Support hasn't done anything until just recently....and that took calls to the NM AG's Office for anyone to help at all. NM transfered the case to AZ since they had no remedies and it sat for 4 more years. Isn't this why we have Federal Child Support Laws?

    Arizona seems to hound "deadbeat" parents if the order is in AZ, but drops everthing when it is an out-of-state order. Anyone else have any experience with things like this? You'd think a $100K+ arrears would make them want to do something....that's a lot of bad publicity for CS Enforcement....isn't it?

    My wife's health is not too great so I try to help her out as much as I can.

    Any info or insights would be greatly appreciated.

    Thanks in advance!!

  • #2
    Originally posted by rmbugos View Post
    My wife was divorced 16 years ago and has 3 children from that marriage. We married 15 years ago and I have been virtually the only father figure in the children's lives..currently 19, 18 and 16 and we have 11 year-old twins between us.

    NCP moved from New Mexico to Arizona and has been very sporadic about paying support. Arrears currently at over $100,000 and a lien was just entered by AZ for $103,000 on his house, licenses revoked...etc....finally

    He has.....

    Refused to pay support...claims I make enough money to pay for the kids.
    Does not work for anyone where it can be traced by SSN....works under table and in his own businesses.
    Has his wife work so he doesn't need to.
    Completed a Quit Claim Deed recently to move the house into his wife's name....doesn't really make sense since AZ is community property and they purchased the house while married.
    Obtained a Bank Account using the name and SSN of the oldest child....he is William Jr...child is William III.

    Every time my wife has tried to take him back to court, he finds ways to wait us out 'til we run out of money. Support has never been adjusted....he refuses to send W2's or tax returns. The courts don't do anything, Child Support hasn't done anything until just recently....and that took calls to the NM AG's Office for anyone to help at all. NM transfered the case to AZ since they had no remedies and it sat for 4 more years. Isn't this why we have Federal Child Support Laws?

    Arizona seems to hound "deadbeat" parents if the order is in AZ, but drops everthing when it is an out-of-state order. Anyone else have any experience with things like this? You'd think a $100K+ arrears would make them want to do something....that's a lot of bad publicity for CS Enforcement....isn't it?

    My wife's health is not too great so I try to help her out as much as I can.

    Any info or insights would be greatly appreciated.

    Thanks in advance!!
    Where was the order issued, NM or AZ?
    If issued in NM was it ever officially transferred to AZ?

    Whichever state the order is in will be the state that has jurisdiction. If the order is in NM the only thing that AZ does is some enforcement/collection.

    Your wife can contact the CSE agency of the state that has jurisdiction and ask them to file for criminal contempt. When an arrearage is over $5,000 the NCP can be charged with the felony offense rather than civil contempt. She should also give CSE proof that he transferred the liened property into his wife's name.

    She should notify the bank about ex's fraud concerning the name on his account, she'll need a copy of her son's birth certificate. I'm not sure of what the age of majority is in your state, but if the son is a legal adult, he can notify the bank.

    Comment


    • #3
      The order was originally NM and they transfered it to AZ about 5 years ago. AZ just sat on it and did nothing. Since NM didn't have it anymore, they did nothing. Finally, when we called the NM AG's Office about 6 months ago, we got some results.....but AZ would still not do anything. They sent letters to his address and they were returned with writing on it stating that the addressee did not live there anymore. Maricopa County Court Records show that they just refinanced the house. AZ would not personally serve him until we complained multiple times.

      We are going to contact CSE in AZ next week to find out why we just received a $111.11 support check after nothing for many years. No one seems to know anything. The monthly support is supposed to be $713.

      We also did burn a CD with all of the court documents showing his property and the transfer of the house and sent it to AZ....that is why they finally put the lien on it....after stating many times that he didn't live there.

      The bank account is in the name of the oldest son who is 19...he has already transfered the account to a local branch in NM. There was no balance.....but we keep telling him to pull a credit report. I wouldn't doubt that he has been using his identity to obtain credit......why else would he set up the bank account? He has filed for bankruptcy many times, but still manages to buy cars, houses, vacation time-shares in Northern AZ.

      It just seems that AZ does not take much of this seriously if the case was not originally theirs.

      Comment


      • #4
        Unfortunately CSE agencies can take forever to do anything, but she has to keep after them. She should send a letter about once a month and follow up with phone calls once a week. (no more than one a week though because they might start ignoring her) Usually once a week for awhile gets to them and they take some enforcement action just to get the CP off thier back.

        Can you afford to pay an attorney a little to write a letter to CSE? A firend did that and it worked for her.

        Comment

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