Once a support order is established, there are several methods the Huron County Child Support Agency uses to enforce the order. Neither the custodial or non-custodial parent can choose which method the CSEA will use to enforce the order. Enforcement actions are taken according to local CSEA policy.
INTERSTATE ACTION
If the obligor/payer lives in another state and an employer is verified, a wage withholding order can be sent to the employer who is bound by law to follow the order. If we are unable to verify employment, the CSEA can proceed with an action under UIFSA (Uniform Interstate Family Support Act) which will allow the other state agency to enforce the order.
TAX OFFSET
To enforce payment on arrears, payers are submitted for federal and state tax offset. This allows their State and Federal tax refund to be intercepted and applied to arrears balances. The SETS system will automatically submit non-custodial to the offset program if their arrearage is over $500 owed to the custodial parent or if over $150 is owed to the state for Public Assistance arrears. None-custodial parents will receive a one time notice mailed to their last known address, if they are being submitted to the program.
If there is an arrearage owed to the state AND to the custodial parent, the IRS tax refund will be applied towards the state arrears first and once that balance is satisfied, the refund will go towards the arrears owed to the custodial parent.
If the non-custodial parent files a joint tax return with his/her spouse, that spouse may claim his/her portion of the refund by completing an "injured spouse form" within six months of the agency receiving the tax refund. The “injured spouse process” is completed through the IRS. If this form is not completed, the whole tax refund will be applied towards arrears.
SEEK WORK and JOBS PARTICIPATION
If the agency is unable to verify an employer after exhausting all efforts, the non-custodial parent is ordered to seek work. The seek work order requires the non-custodial parent to actively seek employment and to document their efforts using agency provided seek work form. Non-custodial parents are also able to cooperate with the Huron County JOBS program if the parent lives in Huron County or one of the contiguous (surrounding border) counties to satisfy a court order to seek work. For more details on the seek work order, contact your child support professional.
CREDIT REPORTING
Non-custodial parent who are delinquent in paying child support are automatically submitted to a Credit Reporting Agency. This may significantly impact the persons ability to secure credit.
LICENSE SUSPENSION
The CSEA will recommend the suspension or non-renewal of a driver’s license, including a CDL, if a non-paying parent is in default of the child support order. Verification that a non-custodial parent is actively seeking work or fully cooperating with the JOBS program offered by HCDJFS, can forestall suspension when someone is temporarily unemployed and unable to pay support. However, in ongoing delinquent payment situations, when bonafide employment seeking attempts are not verified, the CSEA may also recommend the suspension of a professional license, such as realtor' attorney, insurance sales, nursing, or other license. In addition, the CSEA may also recommend the suspension of any recreational license (such as hunting, fishing and boating licenses).
FREEZE AND SEIZE BANK ACCOUNTS
The State office of Child Support receives bank account information through lawful data exchange processes. This information is forward to the local CSEA who can freeze and seize funds held in bank accounts, to pay child support arrears. If the account is held with a joint owner, attempts are made to contact the co-owner before the freeze and seize occurs.
LEINS
In significant default situations, the CSEA may also file a lien agency the real property of a non-paying parent. This enforcement step secure child support arrears from the sale of the property in the future.
CIVIL COURT ACTION
If non-custodial parents remain resistant to meeting their financial obligations, the CSEA staff may file civil contempt charges in Domestic Relations or Juvenile Courts. This bring the matter before the court to consider the proper avenue to secure support for the children. Jail time is a judicial option!
FELONY NON-SUPPORT
Significantly delinquent, non-paying, non-custodial parents may be referred to the Huron County Prosecutor for consideration of felony non-support charges. This action is solely at the discretion of the Prosecutor