Frequently Asked Questions (FAQs) Regarding Child Support in Hawaii
- What are the chances that I can collect on unpaid child support?
- What can be done if the non-paying parent is not working, or is being paid under the table?
- What if I do not know where my ex-spouse is located?
- What if the non-paying parent has no assets?
- How much does it cost to enforce child support or alimony orders?
- How long does it take for collection to begin?
- What if my ex is putting money or property in other people's names?
- What if the non-paying parent owns property?
- What if my ex-spouse is located out of state?
- What if the non-paying parent is out of the country?
- Am I entitled to interest on the back support?
- Can I get the non-paying ex-spouse or parent to pay any of my legal fees?
Q: What are the chances that I can collect on unpaid child support?
A: Each case depends upon its individual circumstances, such as whether the non-paying parent is working or has assets, or if he or she has relocated out of Hawaii or out of the country. The only way to evaluate how likely you are to collect is to come to our office for a free initial consultation where we can examine your situation and advise you accordingly.
Q: What can be done if the non-paying parent is not working, or is being paid under the table?
A: The Law Office of Thomas D. Collins can file a motion in court to force the non-paying parent to obtain employment so that he or she can afford the payments. If he or she fails to make a good faith effort to get a job, he or she can be held in contempt of court and face going to jail. We can also perform asset searches to see if the non-paying parent has any real property, vehicles, bank accounts, or retirement accounts. The asset search can be extended to the non-paying parent's family members to seek assets they may be holding in his or her name.
Q: What if I do not know where my ex-spouse is located?
A: Our investigators use the most up-to-date location tools available. If you have the social security number of the non-paying parent, we can usually find him or her. Additionally, the Federal Office of Child Support Enforcement operates the Federal Parent Locator Service (FPLS), which can be utilized to find missing parents.
Q: What if the non-paying parent has no assets?
A: Under federal and state law, we can seek to have the child support withheld from the parent's paycheck. Federal law permits garnishment of as much as 65% of the non-paying parent's net income.
Q: How much does it cost to enforce child support or alimony orders?
A: You pay nothing up front; we do not get paid until you begin to receive the back child support or alimony. Our fees consist of one-third of what is collected, plus our costs. In rare cases where there is a smaller likelihood of recovery, you may be charged a small retainer fee.
Q: How long does it take for collection to begin?
A: Each case is different. If the non-paying parent is in Hawaii and is employed, collection is relatively simple and can often be done in a few months. If the non-paying parent is out of state or is not working, collection will take longer. Because we do not get paid until you are paid, we work tirelessly to collect for you as quickly as possible.
Q: What if my ex is putting money or property in other people's names?
A: To avoid making support payments, ex-spouses and non-paying parents will often keep property in their parents', new spouse's, or girlfriend's name. Laws prohibit keeping assets in another person's name to avoid child support debts. An experienced attorney such as Thomas D. Collins can help you prove that the property is being held for the non-paying parent. If proven, the court can order a sale of the property, with the money used to pay off the arrearage.
Q: What if the non-paying parent owns property?
A: We can have a lien placed on the property as soon as possible. Then, we can obtain a court order to have the property sold to satisfy the child support arrearage. Generally, the non-paying parent will pay the arrearage to avoid losing his or her property. Common debtor protections (i.e. homestead exemptions) do not apply in child support cases.
Q: What if my ex-spouse is located out of state?
A: If the non-paying parent is no longer in Hawaii, we can still obtain garnishment of his or her income. Our office has established relationships with firms in many states to facilitate recovery there. Additionally, the Uniform Interstate Family Support Act (UIFSA), which every state has adopted, provides legal procedures by which parents out of state can be forced to pay support.
Q: What if the non-paying parent is out of the country?
A: If he or she earns wages that are paid by a United States company or receives retirement or disability pay from the Federal Government, it is relatively easy to collect. Enforcement is more difficult if the non-paying parent is paid by a foreign company. However, it is still possible to collect because most foreign countries are signatories to treaties that allow enforcement of United States child support orders.
Q: Am I entitled to interest on the back support?
A: You are entitled to interest of 10% per year on the arrearage. In many cases, the amount of unpaid support has accumulated over several years and the interest can be substantial.
Q: Can I get the non-paying ex-spouse or parent to pay any of my legal fees?
A: In most cases, the nonpaying parent will be ordered to contribute toward your legal fees. Usually, the court will award attorney fees based upon the number of hours expended. The court ordered attorney fees are added to your judgment and you receive two-thirds of each payment.
