Archive for the ‘Child Support Enforcement’ Category

GrandParents Can Collect Unpaid Child Support

Friday, March 18th, 2011

Under certain circumstances a grandparent can open a child support collection case to establish and obtain unpaid court ordered child support.

If a grandparent has been appointed the legal guardian of his/her grandchild and the grandparent needs help enforcing & collecting unpaid  child support that was ordered by the courts, we can help the  grandparent collect & enforce unpaid  child support.

In many situations grandparent who is receiving government benefits such as TANF or Medicaid, may be asked to cooperate with the Attorney General’s office  to establish a child support order with the biological parents of the child.

If the grandparent can provide proof that the child has been living with and under the supervision of the grandparent, then the grandparent should contact a child support attorney immediately..

A separate child support case will be opened with each noncustodial parent (mother and father), even if one or both parents live in the same household.

Excelling in creative solutions, our lawyers do whatever it takes to advocate for our clients. Our attorneys routinely take cases to court with children in their 20s, 30s, 40s and even 50s and have received and collected judgments for unpaid support and interest as high as $620,000. We can help you, too. Free Case Review

Call our law firm today toll-free at (866) 993-CHILD or at (210) 732-6000.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

What Information Is Needed To Collect Unpaid Child Support

Friday, March 18th, 2011

I just turned 18 last april and now i would like to try to get the back child support my father owes me that has never been paid.  What information do I need & how do I hire a child support enforcement lawyer?

The most important information an applicant can provide, aside from the noncustodial parent’s current address, is the name and address of the noncustodial parent’s current employer. If the current employer is not known, the name and address of the last known employer should be provided.

Additionally, the following information about the noncustodial parent should be made available:

  • social security number and date of birth;
  • names and addresses of relatives and friends;
  • names of banks or creditors such as utility companies;
  • names of organizations, unions or clubs to which the noncustodial parent belongs
  • and places where the noncustodial parent spends free time.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

Nationwide Child Support Enforcement

Friday, March 18th, 2011

Nationwide child support enforcement benefits both the state and federal goverment.  Based on reasearch that attribute public assistance cost savings to the work of Nationwide child support enforcement lawyers like Steven Sinkin & Karen Marvel.  The benefits include reductions in the cost of cash assistance, food stamps and medicaid.  In addition it appears that receipt of child support income makes it possible for many families to avoid public assistance in the first place.

A nationwide child support collection lawyer continues to have a significant impact, not only on the state/federal budgets but on single parent family homes.  For example, in the state of Iowa,  a study found that the cost avoidance for families currently receiving public assistance was 86 cents for every dollar collected.  For families who formerly received cash assistance, the savings was 46 cents for every dollar collected.

It is estimated that if all custodial families had child support orders and those orders were enforced by a child support enforcement lawyer that cash assistance cost for those families would drop by 26 percent, food stamps would be reduced by 19 percent and medicaid would reduce by 5 percent.

Excelling in creative solutions, our lawyers do whatever it takes to advocate for our clients. Our attorneys routinely take cases to court with children in their 20s, 30s, 40s and even 50s and have received and collected judgments for unpaid support and interest as high as $620,000. We can help you, too. Free Case Review

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

SPECIAL CHILD SUPPORT REVIEW PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE

Monday, February 21st, 2011

Sec. 233.028.  SPECIAL CHILD SUPPORT REVIEW PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE.  (a)  If the parentage of a child has not been established, the notice of child support review delivered to the parties must include an allegation that the recipient is a biological parent of the child.  The notice shall inform the parties that:

(1)  not later than the 15th day after the date of delivery of the notice, the alleged parent of the child shall either sign a statement of paternity or an acknowledgment of paternity or deny in writing that the alleged parent is the biological parent of the child;

(2)  either party may request that scientifically accepted parentage testing be conducted to assist in determining the identities of the child’s parents;

(3)  if the alleged parent timely denies parentage of the child, the Title IV-D agency shall order parentage testing;  and

(4)  if the alleged parent does not deny parentage of the child, the Title IV-D agency may conduct a negotiation conference.

(b)  If all parties agree to the child’s parentage, the agency may file an agreed child support review order as provided by this chapter.

(c)  If a party denies parentage, the Title IV-D agency shall order parentage testing and give each party notice of the time and place of testing.  If either party fails or refuses to participate in administrative parentage testing, the Title IV-D agency may file a child support review order resolving the question of parentage against that party. The court shall confirm the child support review order as a temporary or final order of the court only after an opportunity for parentage testing has been provided.

(d)  If genetic testing identifies the alleged parent as the parent of the child and the results of a verified written report of a genetic testing expert meet the requirements of Chapter 160 for issuing a temporary order, the Title IV-D agency may conduct a negotiation conference to resolve any issues of support and file with the court a child support review order.

(e)  If the results of parentage testing exclude an alleged parent from being the biological parent of the child, the Title IV-D agency shall issue and provide to each party a child support review order that declares that the excluded person is not a parent of the child.

(f)  Any party may file a petition for confirmation of a child support review order issued under this section.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED

Monday, February 21st, 2011

Sec. 233.015.  ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED;  EFFECT.  (a)  If a negotiation conference does not result in agreement by all parties to the child support review order, the Title IV-D agency shall render a final decision in the form of a child support review order or a determination that the agency should not issue a child support review order not later than the fifth day after the date of the negotiation conference.

(b)  If the Title IV-D agency determines that the agency should not issue a child support order, the agency shall immediately provide each party with notice of the determination by personal delivery or by first class mail.

(c)  A determination that a child support order should not be issued must include a statement of the reasons that an order is not being issued and a statement that the agency’s determination does not affect the right of the Title IV-D agency or a party to request any other remedy provided by law.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

DETERMINING SUPPORT AMOUNT; MODIFICATION

Monday, February 21st, 2011

Sec. 233.013.  DETERMINING SUPPORT AMOUNT;  MODIFICATION.  (a)  The Title IV-D agency may use any information obtained by the agency from the parties or any other source and shall apply the child support guidelines provided by this code to determine the appropriate amount of child support.

(b)  If it has been three years since a child support order was rendered or last modified and the amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded under the child support guidelines, the Title IV-D agency shall file an appropriate child support review order, including an order that has the effect of modifying an existing court or administrative order for child support without the necessity of filing a motion to modify.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

NOTICE OF NEGOTIATION CONFERENCE;

Monday, February 21st, 2011

Sec. 233.010.  NOTICE OF NEGOTIATION CONFERENCE;  FAILURE TO ATTEND CONFERENCE.  (a)  The Title IV-D agency shall notify all parties entitled to notice of the negotiation conference of the date, time, and place of the conference not later than the 10th day before the date of the conference.

(b)  If a party fails to attend the scheduled conference, the agency may proceed with the review and file a child support review order according to the information available to the agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.410 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.

 
Sec. 233.011.  RESCHEDULING NEGOTIATION CONFERENCE;  NOTICE REQUIRED.  (a)  The Title IV-D agency may reschedule or adjourn a negotiation conference on the request of any party.

(b)  The Title IV-D agency shall give all parties notice of a rescheduled conference not later than the third day before the date of the rescheduled conference.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.411 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
Sec. 233.012.  INFORMATION REQUIRED TO BE PROVIDED AT NEGOTIATION CONFERENCE.  At the beginning of the negotiation conference, the child support review officer shall review with the parties participating in the conference information provided in the notice of child support review and inform the parties that:

(1)  the purpose of the negotiation conference is to provide an opportunity to reach an agreement on a child support order;

(2)  if the parties reach an agreement, the review officer will prepare an agreed review order to be effective immediately on being confirmed by the court, as provided by Section 233.024;

(3)  a party does not have to sign a review order prepared by the child support review officer but that the Title IV-D agency may file a review order without the agreement of the parties;

(4)  the parties may sign a waiver of the right to service of process;

(5)  a party may request a court hearing on a nonagreed order at any time before the 20th day after the date a petition for confirmation of the order is filed;  and

(6)  a party may file a motion for a new trial at any time before the 30th day after an order is confirmed by the court.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER NEGOTIATION CONFERENCE

Monday, February 21st, 2011

Sec. 233.009.  NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER;  NEGOTIATION CONFERENCE.  (a)  After an investigation and assessment of financial resources, the Title IV-D agency may serve on the parties a notice of proposed child support review order in enforcing or modifying an existing order.

(b)  The notice of proposed child support review order shall state:

(1)  the amount of periodic payment of child support due, the amount of any overdue support that is owed as an arrearage as of the date of the notice, and the amounts that are to be paid by the obligor for current support due and in payment on the arrearage owed;

(2)  that the person identified in the notice as the party responsible for payment of the support amounts may contest the notice order on the grounds that:

(A)  the respondent is not the responsible party;

(B)  the dependent child is no longer entitled to child support;  or

(C)  the amount of monthly support or arrearage is incorrectly stated;  and

(3)  that, if the person identified in the notice as the party responsible for payment of the support amounts does not contest the notice in writing or request a negotiation conference to discuss the notice not later than the 15th day after the date the notice was delivered, the Title IV-D agency may file a child support review order for child support and for medical support for the child as provided by Chapter 154 according to the information available to the agency.

(c)  The Title IV-D agency may schedule a negotiation conference without a request from a party.

(d)  The Title IV-D agency shall schedule a negotiation conference on the timely request of a party.

(e)  The agency may conduct a negotiation conference, or any part of a negotiation conference, by telephone conference call, by video conference, as well as in person and may adjourn the conference for a reasonable time to permit mediation of issues that cannot be resolved by the parties and the agency.

(f)  Notwithstanding any other provision of this chapter, if the parties have agreed to the terms of a proposed child support review order and each party has signed the order, including a waiver of the right to service of process as provided by Section 233.018, the Title IV-D agency may immediately present the order and waiver to the court for confirmation without conducting a negotiation conference or requiring the production of financial information.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.409 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 65, eff. Sept. 1, 2001.
Sec. 233.0095.  NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN CASES OF ACKNOWLEDGED PATERNITY.  (a)  If an individual has signed the acknowledgment of paternity as the father of the child or executed a statement of paternity, the Title IV-D agency may serve on the parties a notice of proposed child support review order.

(b)  The notice of proposed child support review order shall state:

(1)  the amount of periodic payment of child support due;

(2)  that the person identified in the notice as the party responsible for payment of the support amounts may only contest the amount of monthly support;  and

(3)  that, if the person identified in the notice as the party responsible for payment of the support amounts does not contest the notice in writing or request a negotiation conference to discuss the notice not later than the 15th day after the date the notice was delivered, the Title IV-D agency may file the child support order for child support and for medical support for the child as provided by Chapter 154 according to the information available to the agency.

(c)  The Title IV-D agency may schedule a negotiation conference without a request from a party.

(d)  The Title IV-D agency shall schedule a negotiation conference on the timely request of a party.

(e)  The Title IV-D agency may conduct a negotiation conference, or any part of a negotiation conference, by telephone conference call, by video conference, or in person and may adjourn the conference for a reasonable time to permit mediation of issues that cannot be resolved by the parties and the agency.

(f)  Notwithstanding any other provision of this chapter, if paternity has been acknowledged, the parties have agreed to the terms of a proposed child support review order, and each party has signed the order, including a waiver of the right to service of process as provided by Section 233.018, the Title IV-D agency may immediately present the order and waiver to the court for confirmation without conducting a negotiation conference or requiring the production of financial information.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW

Monday, February 21st, 2011

Sec. 233.006.  CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.  (a)  The notice of child support review issued by the Title IV-D agency must:

(1)  describe the procedure for a child support review, including the procedures for requesting a negotiation conference;

(2)  inform the recipient that the recipient may be represented by legal counsel during the review process or at a court hearing;  and

(3)  inform the recipient that the recipient may refuse to participate or cease participation in the child support review process, but that the refusal by the recipient to participate will not prevent the completion of the process or the filing of a child support review order.

(b)  In addition to the information required by Subsection (a), the notice of child support review may inform the recipient that:

(1)  an affidavit of financial resources included with the notice must be executed by the recipient and returned to the Title IV-D agency not later than the 15th day after the date the notice is received or delivered;  and

(2)  if the requested affidavit of financial resources is not returned as required, the agency may:

(A)  proceed with the review using the information that is available to the agency;  and

(B)  file a legal action without further notice to the recipient, except as otherwise required by law.

 
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.406 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 64, eff. Sept. 1, 2001. 
Sec. 233.007.  SERVICE OF NOTICE.  (a)  A notice required in an administrative action under this chapter may be delivered by personal service or first class mail on each party entitled to citation or notice as provided by Chapter 102.

(b)  This section does not apply to notice required on filing of a child support review order or to later judicial actions.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.407 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
Sec. 233.008.  ADMINISTRATIVE SUBPOENA IN CHILD SUPPORT REVIEW.  In a child support review under this chapter, the Title IV-D agency may issue an administrative subpoena authorized under Chapter 231 to any individual or organization believed to have financial or other information needed to establish, modify, or enforce a support order.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS

Monday, February 21st, 2011

CHAPTER 233. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS

Sec. 233.001.  PURPOSE.  (a)  The purpose of the procedures specified in the child support review process authorized by this chapter is to enable the Title IV-D agency to take expedited administrative actions to establish, modify, and enforce child support and medical support obligations, to determine parentage, or to take any other action authorized or required under Part D, Title IV, of the federal Social Security Act (42 U.S.C. Section 651 et seq.), and Chapter 231.

(b)  A child support review order issued under this chapter and confirmed by a court constitutes an order of the court and is enforceable by any means available for the enforcement of child support obligations under this code, including withholding income, filing a child support lien, and suspending a license under Chapter 232.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212