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Author Topic: Yet another Dumb Question....or two...Maybe 3....  (Read 2046 times)

1angrystepmom

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Yet another Dumb Question....or two...Maybe 3....
« on: Dec 01, 2003, 06:30:21 AM »
Soc,
     DH is disabled, and on SSDI.  BM receives BOTH the FULL amt of CS ordered, as well as dependent benefits from SSDI, on behalf of SD, due to DH's disability.
     
     DH requested, through FL CSE, a modification, which was approved through "order maintainance" for a downward mod, then subsequently sent to their attorneys.  CSE has been trying to serve BM at a P.O. box, even though DH has provided her physical address, now 3x's.  

     IF they fail to serve BM, SOON, DH will be forced to start the process over.  Currently 1/2 of his disability benefit amt goes toward the CS.  DH is NOT in arrears, in fact he has overpaid.  *This does NOT include the dependent benefits that are received on TOP of the CS order.  Which he is entitled to an offset for.

     My Dumb Questions are as follows....

     1) Is CSE immune from civil lawsuits??  Discrimination based on the fact that he is a MAN. (is there even an atty who in their right mind would consider taking a case like this?)

     2) Would it be better to contact a Congressman/Senator to assist in expediting this issue?  What about negative press??

     3) Since DH HAS repeatedly provided the information needed to serve BM properly, isn't there some recourse as far as them being neglegent?

    PLEASE HELP!!

     :)  Amber
     

   


socrateaser

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RE: Yet another Dumb Question....or two...Maybe 3....
« Reply #1 on: Dec 02, 2003, 06:46:26 PM »
>Soc,
>     DH is disabled, and on SSDI.  BM receives BOTH the FULL
>amt of CS ordered, as well as dependent benefits from SSDI, on
>behalf of SD, due to DH's disability.
>    
>     DH requested, through FL CSE, a modification, which was
>approved through "order maintainance" for a downward mod, then
>subsequently sent to their attorneys.  CSE has been trying to
>serve BM at a P.O. box, even though DH has provided her
>physical address, now 3x's.  
>
>     IF they fail to serve BM, SOON, DH will be forced to
>start the process over.  Currently 1/2 of his disability
>benefit amt goes toward the CS.  DH is NOT in arrears, in fact
>he has overpaid.  *This does NOT include the dependent
>benefits that are received on TOP of the CS order.  Which he
>is entitled to an offset for.
>
>     My Dumb Questions are as follows....
>
>     1) Is CSE immune from civil lawsuits??  Discrimination
>based on the fact that he is a MAN. (is there even an atty who
>in their right mind would consider taking a case like this?)

If "but for" CSE's failure to serve the other parent at the address given by you, you would not have been injured in some way, such as your order would have been modified sooner and your support lowered, then you would have a civil action for negligence.

Don't waste your breath on the discrimination case, cause you'll never prove it.

>
>     2) Would it be better to contact a Congressman/Senator to
>assist in expediting this issue?  What about negative press??

If you think you have that kind of pull, great. But, I'm betting you don't.

>
>     3) Since DH HAS repeatedly provided the information
>needed to serve BM properly, isn't there some recourse as far
>as them being neglegent?

See #1.



 

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