Previously, I discussed low-cost options for collecting back child support, including filing a wage assignment with the circuit clerk, where the only cost is a certified letter, or working with the Child Support Enforcement (CSE) program of Missouri, which charges a nominal fee of $10/year.
A wage assignment is a great first step for anyone with an “ex” felon, particularly one who is constantly employed by someone else. And, for the person with limited resources who needs comprehensive assistance, CSE is second to none, although its large caseload often means it can take 6-9 months or more for CSE to execute its administrative options of leveraging someone’s salary or place a lien. in your bank account.
But for the price, these alternatives offer real value, but only if they are successful! Too often, though, collecting from “lazy moms/dads” can be a frustrating game of cat and mouse. This is particularly true if the debtor parent is self-employed or jumps from job to job, rendering the wage allocation ineffective. It’s just as frustrating to track down his savings, moving them from one bank to another or hiding them in a friend’s or family member’s account. Or, the “ex” who has stashed his acorns in a brokerage account or investment plan, which require more complex legal retirement procedures to open.
These are situations where a private attorney may be most effective, but at a cost that is likely to be at least several hundred dollars. However, the attorney will be able to give your case a much higher priority and directly pursue whatever remedy is necessary at the earliest opportunity. (By contrast, CSE first exhausts its administrative options, such as manipulating wages and bank accounts, before engaging the local prosecutor to pursue options that require an attorney.)
After filing the wage assignment, your attorney can immediately proceed to file garnishments with the court to capture any cash, stocks, bonds, etc. Your “ex” has banked and brokered investment accounts, as well as placed liens on any real estate and other valuable property you own. However, your attorney’s ability to move quickly assumes that you have accurate information about where your “ex” deposits or holds his investments. If this information is unknown or out of date, your attorney may subpoena your “ex” and ask under oath to identify the location of your assets, as well as subpoena any associates who may have funds.
Your attorney can also transfer a portion of your ex-spouse’s retirement plan to your name. This is done by having the court issue a Domestic Relations Qualified Judgment Order (“QDRO”), which directs her ex’s retirement plan to transfer up to the full value of the delinquent obligation into her possession. The downside is that assets often can’t be spent until retirement age, or if they can, you may have to pay a penalty. And in most cases, the person receiving the assets has to pay the taxes due upon collection, although the value of the transferred assets can be set to include the taxes advanced.
Finally, an effective way to motivate a recalcitrant “ex” is to have the court find him or her in contempt of court. Her attorney has to prove that her “ex” had the ability to pay, but intentionally refused. But, once proven, the court’s usual response is to put the defaulter in jail, letting him out only to go to work, until the obligation is fulfilled. Although the court is reluctant to consider this motion until other remedies fail, a few nights in the county jail often have the desired effect.