Previously, I discussed low-cost options for collecting past due child support, including filing for a wage assignment with the Circuit Registrar where the only cost is a certified letter, or working with Missouri’s Child Support Enforcement (CSE) program, which charges a nominal fee. $10/year.
Setting wages is a great first step for anyone with a rogue “ex,” especially one who continues to work for someone else. And, for people with limited means who need comprehensive assistance, the CSE can’t be beat, even though their high caseload often means it can take 6 to 9 months or more for the CSE to exercise their administrative options to take advantage of someone’s wages or place a lien. in their bank account.
But for the price, these alternatives provide real value, but only if they work! Too often, though, collecting from “loser dads/moms” can become a frustrating game of cat and mouse. This is especially true if the indebted parent is self-employed or moves from job to job, making wage fixing ineffective. It’s equally frustrating keeping track of their savings, which they move from bank to bank, or keep in the accounts of friends or family members. Or, “ex’s” who have deposited their seeds in brokerage investment accounts or retirement plans, which require more complicated legal procedures to open.
This is a situation where a private attorney can be more effective, but at a cost that may be at least a few hundred dollars. Lawyers, however, will be able to give greater priority to your case and directly carry out any necessary remedies at the earliest opportunity. (In contrast, the CSE first exhausts its administrative options, such as tapping wages and bank accounts, before engaging local public prosecutors to pursue options that require an attorney.)
After applying for a wage assignment, your attorney can immediately file garnishments with the court to collect cash, stocks, bonds, etc. Your “ex” has been deposited in bank and brokerage investment accounts, plus liens on real estate and other valuables. property he owns. However, your attorney’s ability to move quickly assumes that you have accurate information about where your “ex” kept or kept their investments. If this information is unknown or out of date, your attorney may call your “ex” and ask him under oath to identify the location of his assets, as well as subpoena any counterparties that may be holding the funds.
Your attorney may also request that a portion of your ex-spouse’s retirement plan be transferred to your name. This is done by having the court issue an Qualified Domestic Relations Judgment Order (“QDRO”), which directs your ex’s retirement plan to transfer up to the full value of the delinquent liability into your possession. The downside is that often assets cannot be spent until retirement age, or if they can, fines may have to be paid. And in most cases, the person receiving the asset must pay taxes due on cashing out, although the value of the transferred asset can be set to include the anticipated tax.
Finally, one effective way to motivate a recalcitrant “ex” is to have the court find that he or she insulted the court. Your attorney must demonstrate that your “ex” has the ability to pay, but willfully refuses. Once proven, however, the usual court response is to throw the loser in jail, letting him out just to work, until the obligation is met. Although the courts were reluctant to accept this motion until other legal remedies failed, a few nights in county lockdown often had the desired effect.
