Messages

it certainly clears things up...thanks

I am a few thousand in child support arrearages.

I was wondering if I could call the Department of Revenue and have them put a lien on my 401k to satisfy arrears because at least paying into a 401k only to have a lien placed on it would help lower my tax liability this year. Additionally, it is my understanding that there is no pentalty placed on such a lien if the state takes my money.

Finally, my company contributes to the 401k. However, I will not be fully vested for 3 years. Could the Department of Revenue put a lien on that money as well or would I get in trouble and be forced to pay that money back since their contribution is not 3 years vested yet?

Thanks

.

ok Soc, thank you for your advice and your time.

I have logically deducted some of the same conclusions as you have. You bring out some good additional points in the "contempt" arena.

It's not that I don't agree with what you are saying, but don't think that I can afford a lawyer.

Based on this my new questions are as follows:

1) Couldn't I initiate a seperate civil suit against the other parent for damages if they fail to comply with the court order as opposed to filing a motion for contempt? (This would end up in front of another judge).

2) Wouldn't filing an appeal for my failed motion to clarify work out cheaper than hiring a lawyer to represent me? (Again, this would end up in front of another judge, but would cost alot more money, and could turn out to be a big waste of money if I lost).

3) Why not use a private process server to advise the ex of my desire to arrange travel, since certified mails are being ignored?

4) Can my wording change slightly in my appeal? Or must the judge rule on the exact same motion?

Thanks for your time Soc!!

I live in VA, but the child lives in FL with the CP.

One of the most important points of my motion to clarify was how transportation was to be split up.

The original stipulation read:

Both parents shall be responsible for the financial and physical transportation of the child...

Original arrangement by CP and I had to accomodate this:

I'd buy the tickets and CP would reimburse me, since CP claims that they don't have a debit or credit card with a visa logo.  

Problem with that arrangement:

CP would delay reimbursing me.

My action:

I told CP that I couldn't do this anymore, as not being reimbursed on time posed a problem for me.

Additional problems: I have now emailed the CP to tell them that I would like to figure out transportation arrangments between us, but she is not responding to my emails. The last few certified emails leading up to my motion to clarify were deliberately returned unopened. (I know that CP is there though).

My question is as follows:

1) How can I make transportation arrangements with the CP when they refuse to communicate?

2) How can I avoid buying the same plane ticket as the ex? I guess I can't

Thanks Soc!

Soc, you have been helping me along here.

I live in VA, but my child lives in FL with CP. Florida has jurisdiction over the case. CP and I stipulated to a supplemental petition to modify visitation.

However, the petition had some problems and you suggested that I file a motion to clarify it.

Well the judge's assistant is telling me that I need to put a date on the judge's motion calendar.

I think that I can figure this out and get it done, but I am a little confused. I assume that what I should have done is file a motion with a date. However, I figured that I had attached enough substantiation for the judge to come to a decision without a hearing. This is a REAL grey area for me Soc, and I don't understand why sometimes a judge can grant a motion without a decision, and sometimes wants a hearing.

The only thing that worries me is that I would like to file a motion for a telephonic hearing as opposed to going down there and putting the date on the judge's motion calendar.

My questions are as follows:

1) Can I file a motion for a telephonic hearing at this point, or is it too late?

2) Should I have filed a combined motion for a telephonic hearing along with my motion to clarify?

3) How do I put a date on the judge's calendar?

4) What is the paper called when I put a date on the judge's calendar?

5) Is it always a bad idea to file motions without a date, especially when you have reason to believe that a judge may grant your motion?

Thanks a million as always Soc.

I live in Virginia, but Florida has jurisdiction over the child.

I moved from Florida to Virginia, and got the final judgment that was initiated in Florida modified to accomodate visitation in Virginia.

I would eventually like to move back to Florida if possible.

My question is as follows:

1) Should I relocate back to Florida, would the original final judgment still stand, or would it need to be modified again?

Thanks Soc!!!

I was wondering which State Senator should be the party with the ability to contact the Florida Department of Revenue on my behalf.

Would it be VA due to diversity of citizenship, or FL because it's in their jurisdiction.

I got letters from both pointing the fingers at each other.

Thanks again

Thanks Soc, I am going to do this pro se, brushed aside or not. I have heard from a few folks on the pro se forum that I could probably get an attorney to do this on a contingent basis in Federal court, so that is another option I'd guess. Still talk can be cheap, and attorneys can be expensive. :)

If you come up with any case law on this, please let me know.

Thanks Soc!

>What exactly are you alleging? You may not have the case that
>you think you have. Child support debts are NOT covered by the
>Fair Credit Reporting Act, or the Fair Credit Debt Collection
>Act.
>
>Child support debts are considered "special," exceptions by
>the courts, which have expressly limited the scope of federal
>debt collection law to avoid negatively impacting the child's
>best interests.

I have read that as well, but I have also read that they aren't.

Anyways, this is my problem:

Department of Revenue does as follows:

1) "Re-ages" the arrearage every month which makes it seem as if the "account" has just been opened. This drops my FICO score every month.

2) Perpetually lists the account in a given status e.g. (listing it 180 days late 12 times) (then chargeoff 12 times) then back to 30 days late, 60, 90, 120, 150, 180, Chargeoff, which also hurts my FICO score.

What can I do (if anything) SOC?

Thanks