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How much more difficult is obtaining child support when the two parties live in different states?

Discussion in 'Child Support' started by BigJaj, Jun 18, 2022.

  1. BigJaj

    BigJaj Law Topic Starter New Member

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    Curious about what my friend could be facing in the future. He used to live near me here in VA. Then he left the country to evade child support. Then he told me he recently moved to CA.

    I've learned one can be extradited for a felony but not for a misdemeanor. And Googling around, it seems that evading child support responsibilities warrants a misdemeanor at worst. Just read that it's not impossible at all to get child support from the other parent living another state through some Federal laws but it's not as easy though as if both lived in the same state. As long as she has his SSN, could she eventually find out his new address and still get his future wages garnished? Or will she likely face some major hurdles?
  2. Red Kayak

    Red Kayak Well-Known Member

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    In fact, if she has a child support order and goes through her state's child support enforcement bureau, she doesn't even find out his new address. They'll do the legwork for her.

    While he owes arrears, he can also expect tax refunds to be intercepted.
    justblue likes this.
  3. justblue

    justblue Well-Known Member

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    You know, if your buddy has a criminal contempt warrant issued against him, that could get him arrested no matter where he lives in this country. The Prosecutor may not choose to extradite him, but your buddy may find his butt sitting in jail for a week or so EVERY TIME he is picked up.
  4. army judge

    army judge Super Moderator

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    Child suuport haunts some people until the child(ren) become 18 years old and/or graduate high school.

    In some cases, some child support scofflaws can be impacted until the child becomes 21 years old.

    Bottom line, one can run from the long arm of child support enforcers, but eventually most runners get caught.

    Those who do get caught, feel the sting for decades.

    If the person is your friend, you might gently suggest he retain an attorney to get the scratching, clawing monkey off of his back and out of his business.

    If the person lived quietly in a sovereign nation, he would fare better FINANCIALLY SPEAKING, returning to his previous hiding place.

    Should he choose to linger inside the USA (or any of her territories), he'll eventually be found and will pay a very heavy price for a very long time.
  5. Zigner

    Zigner Well-Known Member

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    Was there a child support order in place when he left?
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    So apparently he doesn't really care about his child at all? Doesn't speak well to his character.

    Child support is primarily a civil matter rather than criminal, so extradition is not common anyway since extradition is a process used in criminal cases. What his spouse wants with the child support order is the money. And federal and state laws make it possible for her to pursue his income and assets in any US state or territory. He doesn't have to live in the same state, though that would simplify matters a bit. Being out of state will just mean a few more hoops for her to go through, but it's not especially difficult or costly.
    zddoodah and Red Kayak like this.
  7. leslie82

    leslie82 Well-Known Member

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    Has there been a child support order in effect this entire time he's been "evading?" He may want to look at this:

    18 U.S.C. § 228- Failure to pay legal child support obligations

    Section 228 of Title 18, United States Code, makes it illegal for an individual to willfully fail to pay child support in certain circumstances.

    For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000. A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison (See 18 U.S.C. § 228(a)(1)).

    If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.§ 228(a)(3)).

    Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. (See 18 U.S.C. § 228(a)(2)). Any individual convicted of this crime may face up to 2 years in prison.

    Notably, other than in the specific circumstances aforementioned, child support enforcement issues are handled by state and local authorities, and not by the federal government. Furthermore, all child support enforcement matters must be addressed at the local or state level before concerns can be raised at the federal level.

    Hopefully the custodial parent has contacted child support enforcement before he left the country and, if she finds out he's back, contacts them again if there's an order in place.

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