
   
Frequently asked Questions
|
MOST FREQUENTLY ASKED AND ANSWERED QUESTIONS FOR NON-CUSTODIAL PARENT/PAYOR
Please Note: The term "Obligor" means the absent parent/person paying child support.
The term "Obligee" means the custodian of the child(ren)/person receiving support.
- How is my child support amount determined?
Each child support award is based on a formula which takes into account the incomes of each of
the parents, the number of children and specific expenses related to the care of those
children. Things such as mortgage or rent payments, car payments, car insurance are not
considered.
- I am living with/married to someone else now. Does her/his income count?
Generally, no. However, if you no longer work because you are fully supported by your
current partner, the court may determine you have the ability to earn income.
- The obligee is living with/married to someone else now. Shouldn’t that person’s income
count too?
Generally, no. For the same reason that your partner’s income wouldn’t count, the obligee’s
partner’s income wouldn’t count.
- My girlfriend/boyfriend/new spouse has a child which I am supporting. Can I get credit
for supporting them since he/she lives with us?
No. You may only receive credit for a child for whom you are obligated to support by law.
Generally, you are obligated to support your own biological children and legally adopted
children. The reason for this is that there is another parent or guardian who is supposed to
be financially responsible for that child(ren)’s support..
- The child support will automatically come out of my paycheck, won’t it?
Generally, yes. The law now requires that all new orders have support payments made by way
of an immediate earnings withholding order unless: (1) the parties agree to no immediate
earnings withholding order; or (2) the court finds there is a good reason not to order an
immediate earnings withholding order. If you change your job, you must notify the
Enforcement Unit of the new employer so that the immediate earnings withholding order can be
sent to that employer.
- How long before my employer starts making deductions?
When a signed order is received at the Office of Child Support Enforcement(OCSE), it is sent to your
employer. Once your employer receives the immediate earnings withholding order, he/she is
required to make a deduction within 10 days or the next pay period. Until you receive a
paystub which shows that your employer has taken care of paying your support, you are
responsible to send in your support payments to the Office of Child Support Enforcement(OCSE). You can
speed this process up by taking a copy of the order to your employer and asking him/her to
start making the deductions immediately.
- My child support is deducted from my wages. When can the
Office of Child Support Enforcement(OCSE)
expect to receive my payment?
Employers deduct child support payments according to the method/frequency by which they pay
their employees. While most employers send the child support payments as they are deducted,
some send the payments on an end-of-month basis. Check with your employer. AP (7/1/98)
- How do I change the amount of my child support?
If you have had a substantial change in your earnings since the date the support order was
signed, you may be entitled to ask the court to review your support order to determine if you
are entitled to a decrease in support. You also have the right to request the
Office of Child Support Enforcement(OCSE) to review your child support amount. The purpose of a review is to
determine whether or not your child support needs to be changed.
Office of Child Support Enforcement(OCSE) may be
limited in providing services to the obligor in a case established by this agency prior to
1997. You will be advised of this limitation if it applies in your case. You must file your
request in writing. You cannot request a review by telephone.
If the Office of Child Support Enforcement(OCSE) has previously represented the custodial parent in your case or upon your election
you can hire a private attorney to do this for you, or you can visit the Pro Se Legal Clinic
to obtain information on filing this request on your own.
- Can you attach my unemployment or disability checks?
Yes. You should contact the Office of Child Support Enforcement(OCSE) as soon as your job status changes
to make arrangements for paying your support so that you do not fall behind. Some types of
disability payments that you receive also pay benefits to your child(ren). You should
discuss this matter with an enforcement agent. In some cases, you can petition the court to
have the disability benefits paid for the child(ren) count against your support obligation.
- I just had another child with someone else. Shouldn’t I pay less support in this case?
Possibly. The child support guidelines do permit credit to be given if you are supporting
other child(ren) of your own. You must file a request with the court to have your child
support modified.
- The obligee doesn’t let me see the child(ren). Do I have to pay support?
Yes. Regardless of whether or not you visit the child, the child still needs to be
supported; however, if someone is wrongfully withholding visitation, you may be able to file
a court case against them. You can contact the Anne Arundel County Lawyer Referral (410)
280-6961 to get a referral to a lawyer or you can visit the Pro Se Legal Clinic located
on the 4th floor of the Anne Arundel County Circuit Courthouse
to get information on filing the case yourself without a
lawyer. The Office of Child Support Enforcement(OCSE) has no authority to decide or enforce visitation or
custody matters.
- I received a summons for court. What do I do?
Anyone who receives a summons to appear in court must appear. If you fail to appear, a
warrant may be issued for your arrest.
- What happens if I don’t pay my child support obligation as ordered by the court?
Maryland law allows the Office of Child Support Enforcement(OCSE), through our attorneys, to file a court
action when a payment is delinquent. The law also provides additional non-court remedies to
enforce delinquent support payments, such as tax intercepts, lottery intercepts, asset
seizures and license suspensions. If you are unable to pay your obligation as ordered,
contact the Office of Child Support Enforcement(OCSE) in writing immediately.
- Can the judge put me in jail if I don’t pay my support on time?
Yes. A judge could find that you are in contempt of court and put you in jail for failing to
obey a court order which requires you to pay support. If you are having difficulty paying
your support, contact the Office of Child Support Enforcement(OCSE) immediately.
- I gave the obligee money last month for school clothes. Shouldn’t that count against my
support?
No. The court order requires you to pay your support obligation through the
Office of Child Support Enforcement(OCSE). Any payments
you make to the obligee directly or payments you make to
someone else on the obligee/child’s behalf are gifts. These gifts do not count against your
support but are in addition to the support you owe under the court’s order.
- Can I talk to an agent?
In order to assist you, we have customer service staff that are trained to answer your
questions and advise you of your case status. If they cannot answer your questions, a
complete message is taken and given to an agent. Due to the number of inquiries received,
please allow sufficient time to investigate and respond to your problem.
- How do I change my name, address, telephone number, and/or job information?
You can visit the Office of Child Support Enforcement(OCSE)
and fill out an inquiry form. You may also put
the change in writing and mail the information to us. Please remember to include your
9-digit case number.
- I want to be sure my payment was received. What do I do?
Call 1-800-723-9937. You will need to enter your 9-digit case number.
- I now have custody of the child(ren). Do I still have to pay support?
Until the court issues another order, you will continue to be legally responsible to pay
support as directed by the latest order. You should file a modification request with the
court immediately which explains the change in custody. Contact Anne Arundel County Lawyer
Referral Service at (410) 280-6961 for a referral to an attorney or visit the Pro Se Legal
Clinic on the 4th floor of the Anne Arundel County Circuit
Courthouse for information on filing the request for
yourself.
- How can I obtain a copy of my court order?
If your case is resolved at the Office of Child Support Enforcement(OCSE),
a copy of the court order will
be mailed to you. If you need an additional copy, you may go to the Anne Arundel County
Circuit Court located at Church Circle,. Annapolis, Maryland and request a copy. There is a
small fee for copies.
- The obligee is no longer receiving public assistance money. Do I still have to pay child
support to the Office of Child Support Enforcement(OCSE)
Yes. The court order requires you to pay support whether or not public assistance is being
provided.
- The obligee wants to close the child support case. What do we do?
If the obligee no longer wants the services of the Office of Child Support Enforcement(OCSE),
he/she can
send a written, notarized request to the Office of Child Support Enforcement(OCSE)
requesting that his/her
case be closed. This only means that the Office of Child Support Enforcement(OCSE)
will no longer be
collecting support from you. The case is placed on an "inactive" status and can be reopened
at any time in the future. If there is any arrearage due the State, you must pay that before
your case can be closed. Do not assume that your case has been closed until you receive
verification from the Office of Child Support Enforcement(OCSE).
- I got a notice that my license will be suspended. How can I prevent this from happening?
You can call the Office of Child Support Enforcement(OCSE) and make an appointment to see an agent.
- My driver’s license has been suspended. How do I get it back?
In order to get your license back after it has been suspended, you only have three choices:
1) Pay the arrearage in full;
2) Pay the child support for six (6) consecutive months;
3) Go to court and have a judge order it to be reinstated. You may also apply for a work
restricted license at the Motor Vehicle Administration.
- I received a notice that my tax refund has been sent to you. I called the "800" number
and it hasn’t been applied to my account. Where is my money?
Tax money is no longer processed by the Office of Child Support Enforcement(OCSE).
We get no prior notice
as to when the State Child Support Enforcement Administration receives or processes the tax
money. Questions should be directed to the State Child Support Enforcement Administration at
1-800-332-6347.
- My tax refund will overpay my account. What happens to my overpayment?
If the arrearage is paid in full, the overpayment will be
refunded to you.
- My child will still be in high school when he/she turns 18.
Is my child still entitled to Child Support?
YES. Effective October 1, 2002, a child who turns 18 & is still enrolled in
secondary school has the right to receive support maintenance
from both parents until the person graduates or is no longer
enrolled in a secondary school. Contact the
Office of Child Support Enforcement(OCSE) at 1-800-332-6347
for information on continued support.
MOST FREQUENTLY ASKED AND ANSWERED QUESTIONS FOR CUSTODIAL PARENT/PAYEE
Please Note: The term "Obligor" means the absent parent/person paying child support.
The term "Obligee" means the custodian of the child(ren)/person receiving support.
- How is my child support amount determined?
Each child support award is based on a formula which takes into account the incomes of each
of the parents, the number of children and specific expenses related to the care of those
children. Things such as mortgage or rent payments, car payments, car insurance are not
considered.
- Can I get retroactive support?
Generally no. However, if the case goes to court, it is up to the Judge to determine whether
or not to make support retroactive.
- Can you represent me in custody and visitation matters?
No, the Office of Child Support Enforcement(OCSE)/Legal Unit is only permitted to deal with issues
concerning support. You may obtain your own legal representation in custody or visitation
matters. You may call the Anne Arundel County Lawyer Referral Service at (410) 280-6961.
- Can you enforce a separation agreement?
No, in order to collect or enforce a child support obligation,
Office of Child Support Enforcement(OCSE) must be
provided with a court order that has been signed by a judge.
- How long will it take to process my case?
The length of time varies based on the type of case and on the specific details of your case.
When one of the parties is out of state, the other state’s laws also influence how long it
takes to complete each step of the case.
- It’s taking too long to get my court order for child support. I want to hire a lawyer to
do this for me. What happens to the case I filed at Office of Child Support Enforcement(OCSE)?
We would no longer pursue your case. However, you may have your attorney request that the
final order include payments through Child Support Enforcement(OCSE).
- I filed a case to get child support established through the Child Support Enforcement(OCSE).
I have no court order yet. I filed a case through the court for custody/visitation. Will
Office of Child Support Enforcement(OCSE) continue to pursue my child support case?
Generally, no.
- I am living with/married to someone else now. Does her/his income count?
Generally, no. However, if you no longer work because you are fully supported by your current
partner, the court may determine you have the ability to earn income.
- He/she lives with/married to someone now. Does her/his income count?
Generally, no.
- He/she just had another child, but my child(ren) was born first. Shouldn’t my child get
more money?
Not necessarily. The child support guidelines permit credit to be given if the obligor is
supporting other children of his own. It doesn’t matter which children were born first.
- What if he says he’s not the father of my child(ren)?
If the person you identified as the father denies paternity, he can request that genetic
blood tests be performed. You, your child, and he will be given an opportunity to voluntarily
participate in genetic blood testing at our expense. An appointment will be scheduled to take
blood samples from each of you under highly supervised conditions at the Child Support Enforcement(OCSE).
- What if the father fails to voluntarily appear for the blood test?
If the parties fail to cooperate, the court will order genetic testing and blood samples taken
on a specific date from both parents and the child(ren). The test takes place at
Office of Child Support Enforcement(OCSE). If the test
indicates that he is the father, he may have to pay for
the blood test.
- Do all states handle cases the same?
No. While every state has its own child support process using its own state guidelines, laws
and regulations, all states have the same goals of establishing paternity, collection and
enforcing support.
- Will child support automatically come out of the obligor’s paycheck?
Generally, yes. The law now requires that all new orders have support payments made by way of
an immediate earnings withholding unless: (1) the parties agree to no immediate earnings
withholding order; or (2) the court finds there is a good reason not to order an immediate
earnings withholding order.
- My child support is deducted from the obligor’s wages. When can I expect to receive my
payment?
Employers deduct child support payments according to the method/frequency by which they pay
their employees. While most employers send the child support payments as they are deducted,
some send the payments on a monthly basis. The Central Disbursement Unit (CDU)
has two (2)
working days to process a payment after it has been received.
- He/she is on disability or receiving worker’s compensation. Can you attach that?
Yes. Please note that some types of disability payments may pay benefits directly to your
children. You should discuss this matter with an agent in the enforcement unit.
- He/she is receiving unemployment. Can you attach that?
Yes. If you find out that the obligor is receiving unemployment benefits, you should advise
an enforcement agent.
- He/she is paid "under the table." Can you attach that?
No. "Under the table" wages means that the employer is not reporting wages or paying taxes.
Sometimes cash payments are being made so that there is no record of wages.
The Office of Child Support Enforcement(OCSE) can attach
reported wages, not "under the table" payments.
- He/she is self-employed. Can you attach that?
No. A wage attachment only works when there is someone other than the obligor who can deduct
the support from the obligor’s paycheck.
- Who do I contact if I do not receive payment?
You should first call 1-800-723-9937 to see whether or not a payment has been received. You
will need to enter your 9-digit case number. If no payments have been received and it has
been 30 days since you have received a payment, you may contact the enforcement unit to pursue
enforcement of your court order.
- I received a summons for court, but I have no car. What should I do?
Anyone who receives a summons to appear in court must appear. If you fail to appear, a warrant
may be issued for your arrest.
- Can I talk to an agent?
In order to assist you, we have customer service staff that are trained to answer your
questions and advise you of your case status. If they cannot answer your questions, a
complete message is taken and given to an agent. Due to the number of inquiries received,
please allow sufficient time to investigate and respond to your problem.
- How do I change my name, address, telephone number?
You can visit the Office of Child Support Enforcement(OCSE) and fill out an inquiry form. You may also put
the change in writing and mail the information to the Office of Child Support Enforcement(OCSE). Please
include your name, the name of the absent parent, and your 9-digit case number.
- How do I increase the amount of my child support?
In order to change the amount of support, the court order must be modified. Generally, this
office can review an order every three (3) years, upon request. If it has been three (3)
years since the date of the last order, three (3) years since the date of the last increase
review, OR THERE HAS BEEN A SUBSTANTIAL AND CONTINUING CHANGE IN CIRCUMSTANCES you may send a
written request to the Office of Child Support Enforcement(OCSE).
Please include your 9-digit case number.
A form will be sent to you to fill out and return to the Office of Child Support Enforcement(OCSE). Once
received, your case will be referred to our Legal Unit for review.
The Office of Child Support Enforcement(OCSE) will advise you in writing of any action taken.
In the event Office of Child Support Enforcement(OCSE)
rejects your case for review or adjustment services, you can hire a private attorney to do
this for you, or you can visit the Pro Se Legal Clinic to obtain information on filing this
request on your own. Please be advised that this agency is required to provide the same
review and modification services to an obligor requesting a decrease.
- What should I do if the child(ren) go to live with the obligor?
Notify the Office of Child Support Enforcement(OCSE) in writing of the date the child(ren) went to live
with the obligor. Please include your 9-digit case number. An agent will respond back to you.
- What should I do if the child(ren) go to live with someone else?
You must immediately notify the Office of Child Support Enforcement (OCSE) in writing of the change and the
person’s name, address, and telephone number. Please include your 9-digit case number.
- I want to close my case. What should I do?
Send a NOTARIZED STATEMENT requesting the case closing, the reason for the closing, the date
of change, and if you want arrears collected. Please include your 9-digit case number.
However, the obligor must pay any arrearage balance that is due the State.
- How can I get a copy of my court order?
If your case is resolved at the Office of Child Support Enforcement (OCSE), a copy of the court order will be
mailed to you. If you need an additional copy, you may go to the Anne Arundel County Circuit
Court located at Church Circle,. Annapolis, Maryland and request a copy. There is a small fee
for copies.
- My TCA (public assistance benefits) just closed. What happens to my child support?
The computer system will automatically send child support payments that are received by the
Office of Child Support Enforcement (OCSE) to you.
- How long will it take to get my support payments?
The Central Disbursement Unit (CDU) has two (2) working days to process a payment after it has
been received.
- Why can’t the judge put him/her in jail when he/she doesn’t pay on time?
The obligor must be at least 30 days late before enforcement action can begin. The case must
be scheduled and a summons must be personally served on the obligor in order for a hearing to
be held. At that time, he/she has the right to appear before the court to explain why he/she
has not paid pursuant to the court order.
- The obligor’s tax refund was taken and sent to your agency. I called the "800" number and
it hasn’t been applied to my account yet. Where is my money?
Tax money is no longer processed by the Office of Child Support Enforcement (OCSE). We get no prior notice
as to when the State Child Support Enforcement Administration receives or processes the tax
money. Questions should be directed to the State Child Support Enforcement Administration at
1-800-332-6347.
- My child will still be in high school when he/she turns 18.
Is my child still entitled to Child Support?
YES. Effective October 1, 2002, a child who turns 18 & is still enrolled in
secondary school has the right to receive support maintenance
from both parents until the person graduates or is no longer
enrolled in a secondary school. Contact the
Office of Child Support Enforcement(OCSE) at 1-800-332-6347
for information on continued support.
|
|
|
|