Child support division thrives behind scenes
An important aspect of the district attorney?s office may be the least known. The child support division serves Warren and Van Buren counties with little to no recognition for what they do.
Even though the division currently handles 2,868 active cases and is run by assistant district attorney Joshua Crain and his staff of six, its ability and the benefit to the community goes virtually unnoticed because it is behind-the-scenes work.
?Unfortunately, it is fairly unknown to those who don?t have to deal with us,? said Crain. ?We aren?t as popular as crime scene investigation. If more people knew that we exist and what we do, I think there would be interest if for no other reason than in the authority that this office has.?
The division has the means to locate a parent, establish paternity, obtain or modify court orders and enforce those orders. There are several different ways in which all this is done.
Once information that help is needed to establish or receive child support has been given, the case is open and work begins. The division can be notified by either the state, when a single parent requests aid and waives the right to go after the absentee parent for support, or by the caregiver of the child who wants to establish child support or help with already established child support orders.
The division will use the information they are given, in some cases that information is minimal, and find the absentee person. Once the person is found and paternity is proven, a court date is set to establish child support.
If paternity and child support have already been established, then the division will work on getting any back child support owed and keeping the person current. The division has administrative powers that were given to them by legislators that helps them with enforcement.
If back child support is owed, the department can:
? Freeze and seize all bank accounts.
? Place liens on any car or house owned.
? Seize any workman?s comp settlement.
? Seize IRS refunds.
? Seize passports.
? Revoke any license. This includes a driver?s, hunting, fishing or professional license.
Administrative powers are unique and interesting in that not even the criminal district attorney has them. Current child support laws drafted by the legislature provided the division with these powers because it is subcontracted through the Department of Human Services.
?All of these things are done administratively to help facilitate the process of enforcing the child support,? said Crain. ?That is why I have authorities that even criminal ADA?s don?t have.?
Although the division has unique abilities that criminal district attorneys don?t have, those being sought have the same rights according to the law.
?Those cases have the same constitutional rights as a criminal case,? said Crain. ?If the defendant wants a lawyer, they can get one. If they want a hearing, they get a hearing. If I choose to proceed in a criminal contempt fashion, you have the right to a jury trial if you want.?
The division spends the majority of its two to three days in court per week on contempt of court cases where individuals don?t pay the amount the court has ordered them to pay. In these cases, a lump sum payment or jail time is sought.
Currently, the Warren County and Van Buren Child Support Division is ranked fifth in the state when it comes to collecting child support in both public and private agencies. In the month of February alone, just current child support only, the division distributed $214,414.
The division that does so much for so many, could be here today and gone tomorrow.
?The division is at the pleasure of the DA,? said Crain. ?Every time this district get a new DA, they have to agree to renew the division?s contract. If they don?t, the division is gone. We are lucky right now to have a district attorney who sees the benefit in the division. Some districts go through private collection companies.?
For more information contact the division at 473-6561. Office hours are Monday through Friday 8 a.m. to 4:30 p.m.