How to Get Back Child Support in Hawaii

Child support is not just a moral obligation, but a legal responsibility that every parent or guardian must fulfill to ensure the well-being of their children. In Hawaii, the Department of Child Support Services (DCSS) acts as the key agency responsible for enforcing child support orders and retrieving delinquent payments. If you find yourself as a custodial parent who is not receiving court-ordered child support, you have every right to take appropriate legal action to collect the arrears owed. In this article, we will provide you with a step-by-step guide on how to navigate the process of obtaining child support in Hawaii.

Step 1: Reach Out to DCSS – Initiating the Process

Your first course of action when seeking child support in Hawaii is to establish contact with the Department of Child Support Services. To locate the nearest office, simply visit the user-friendly DCSS website, or if you prefer, you can directly reach out to their Customer Service Call Center by dialing (808) 692-8265. Prepare to provide essential information, such as your name, the name and date of birth of your child, as well as the contact details of the non-custodial parent.

Step 2: File a Motion – Holding Non-Compliant Parents Accountable

In the unfortunate event that the non-custodial parent fails to meet their court-ordered child support obligations, you, as the custodial parent, possess the right to file a motion for contempt with the court. The motion serves as a formal request for the court to find the non-custodial parent in violation of the established order and proceed with enforcing it. Subsequently, the court may issue directives for wage garnishment, tax refund interception, or even seizure of bank accounts, all in an effort to collect the arrears effectively.

Step 3: Implementing Enforcement Measures – Encouraging Compliance

In instances where the non-custodial parent persists in their failure to make child support payments, you can enlist the support of DCSS to engage in active enforcement measures. The agency boasts an array of tools at their disposal, including:

• Wage Withholding: DCSS can instruct the non-custodial parent’s employer to retain a portion of their wages, ensuring the payment of the child support arrears.
• Tax Refund Interception: DCSS possesses the authority to intercept either state or federal tax refunds, thus enabling them to satisfy the outstanding arrears.
• License Revocation: In situations where the non-custodial parent accumulates three or more months of unpaid support, DCSS can request a suspension of their driver’s license, professional license, or even recreational license.
• Passport Denial: For non-custodial parents who exceed $2,500 in child support arrears, DCSS can request the denial or revocation of their passport, ensuring that they address their financial responsibilities.

Step 4: Request a Judgment – Securing Legal Orders for Repayment

Should the non-custodial parent persist in evading their child support obligations, you, as the custodial parent, possess the right to request a judgment from the court. This judgment legally establishes the precise amount of support owed and grants you the authority to explore alternative methods of collection, such as garnishing bank accounts or executing property seizures. By obtaining a judgment, you gain the necessary tools to enforce compliance and retrieve the child support arrears.

Step 5: Seek Legal Assistance – Enlisting Professional Support

If you encounter any challenges or obstacles while attempting to collect back child support in Hawaii, it is advisable to seek legal assistance. Fortunately, Hawaii offers a variety of legal aid organizations to support low-income families. These organizations, such as the Legal Aid Society of Hawaii (reachable at (808) 536-4302) or the Volunteer Legal Services Hawaii (contactable at (808) 528-7046), provide free or low-cost legal services to those in need. Reach out to them for valuable guidance and support throughout the process.

Conclusion: Securing Your Child’s Future

While pursuing past due child support can be a complex and often frustrating endeavor, it remains a crucial step towards safeguarding your child’s future well-being. By diligently following the outlined steps and leveraging the resources provided by DCSS or the legal aid organizations, you can take decisive action to procure the child support arrears owed to you. Remember to maintain meticulous records of all payments and communications with both the non-custodial parent and DCSS to fortify your case. Never waver in your commitment to your child’s rights and entitlements.