Once the parent who would be entitled to receive child support is receiving aid, there are a set of rules that will apply. When a parent starts receiving aid they give up the right to negotiate a child support amount. They sign over the right to set and receive child support to the county. The Department of Child Support Services becomes involved. They step into the shoes of the parent receiving aid.
The Department of Child Support Services will file papers to start a case and set child support. Sometimes they try to work out an agreement for child support before filing a motion with the court, sometimes not.
If they file a motion the payor parent will need to file a response and appear at the hearing. If they do not appear the court can set an order.
When appearing for a hearing it will be in a Family Support Court. the parties will be interviewed by a Family Support Officer. The Family Support Officer will prepare a Child Support Calculator based on the information obtained in the interview. The parties can agree or disagree with the figure. If they agree, the court will review the calculation and make the agreement the order of the court. if the parties disagree the court will allow the parties to argue on the factors they disagree upon. Because the County is now in the shoes of the recipient spouse, they will be allowed to argue their points as well. Once the court has heard the arguments, the judge will make an order.
Once the order has been set, a wage assignment will be prepared and served on the payor’s employer. The support will be deducted from the payor’s check and sent to the County.
The County will keep track of all of the payments made and when they are made. If a person owes any back support, the County can collect it through a few different means. If you receive a tax refund, it will be intercepted and applied to the back support. They can also levy bank accounts to collect the back support.
If you do not pay, they can take away your driver’s license and/or any other license you have, i.e. contractor’s license, notary license etc.
For all back support owed there is interest tacked on at the legal rate. The interest can add up if one is not careful.
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