Even if the non-custodial parent lives outside the state of Hawaii, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Hawaii child support law to collect regular and past-due payments.
The Hawaii Child Support Enforcement Agency is the state-run child support enforcement office for Hawaii. The Hawaii Department of the Attorney General is required by federal law to provide services through Child Support Enforcement Agency (CSEA) and is funded by the federal government and the State of Hawaii.
| HAWAII CHILD SUPPORT ENFORCEMENT AGENCY CASELOAD STATISTICS1 | |
|---|---|
| Full Time Equiv. Staff | 200 |
| Total Caseload | 99,842 |
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
The State of Hawaii does not allow for interest on judgements, missed payments or retroactive support.
Hawaii's statute of limitations for child support enforcement is the child's 33rd birthday or 10 years after the judgement was entered, whichever is later.
Hawaii requires that paternity be established within 3 years of the child reaching the age of majority.
The age of majority in Hawaii is 18. (Hawaii Revised Statutes § 577-1)
An order terminating child support is automatically entered when the child reaches the age of majority unless the child is disabled or attending college full-time.
In Hawaii, support payments are determined by the family court taking into consideration the following: earnings, income, and resources of both parents; provided that earnings be the net amount, after deductions for taxes, and social security; earning potential, reasonable necessities, and borrowing capacity of both parents; needs of the child; balance the standard of living of both parents and child to avoid placing any below the poverty level; amount of public assistance which would be paid for the child under the full standard of need; existence of other dependents of the obligor parent
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.