Questions help

[KimK]

I have tried to find answers to these questions but no one seems to want to commit to an answer so I am hoping I can get some opinions here.

1.  Hubby lost job in 97, we filed for an emergency modification of support.  Judge ruled on that petition 3.5 YEARS later and then imputed support on (him) us and while he was unemployed the cs was paid from my paycheck.  We were severly in arrears but the court order did atleast give us a obligation with an additional amount towards arears that we paid every week, in cash to the courthouse for 4 years.  Suddenly the Title IV agency freezes all our bank accounts and retirements and forces the sale of hubby's retirement for the arrears.  We tried to show them that becasue of the obligation took so long from the court and becasue we needed to pay cs (what we could and keep our apartment and feed our family) while hubby was unemployed we had tapped into the retirement and had to pay over 7K in taxes, they said we were lying (refusing to see the documentation and cancelled check from IRS) and took the money from his retirement even though we had a court order to follow and we had for 4 years.  How can they come along adn rule on an existing court order without a hearing and take all our money?

2.  Under an income with holding order - what is considered the date the CS is paid?  The date it is paid by the parent when it is with held from his pay as shown on his pay stub, the day the employer mails the money or the day the clerk decides to post the money?  

3.  Should the parent be punished for the employers failure to timely mail the CS with holding obligation, or should the clerk be held responsible if they take a few days or weeks to get through posting all the support checks?  

I hope this makes sense and any direction or ideas is greatly appreciated.

Thanks!

[FL_48603]

>I have tried to find answers to these questions but no one seems to want to commit to an answer so I am hoping I can get some opinions here.<

The deafening silence has squelched my fire to.  Time to put the fire back in SPARC.

>1.  Hubby lost job in 97, we filed for an emergency
>modification of support...Suddenly the Title IV agency freezes all our bank accounts and retirements and forces the sale of hubby's retirement for the arrears...We tried to show them that becasue of the obligation took so long from the court and becasue we needed to pay cs
(what we could and keep our apartment and feed our family)
while hubby was unemployed we had tapped into the retirement
and had to pay over 7K in taxes, they said we were lying
(refusing to see the documentation and cancelled check from
IRS) and took the money from his retirement even though we had
a court order to follow and we had for 4 years.<

Holy Moses!  I feel better about my plight already.  I do have an answer for you though - and a good one too, which should get you fixed up right away!!!

>How can they come along adn rule on an existing court order without a
hearing and take all our money?<

If you could dig deep enough into the legal issues and the case law you might discover that they can't - and then the hell would break loose.  It's just what they do, isn't it?  The so called "Family Law" system is designed to shove an emotional stint into our family lives and make emotional weaklings and inferiors of us - then they shove a financial stint into our finances and bleed us heartlessly dry - I don't suppose the DA Family Support Division of Welfare Division gain financially from this gypsy handoff DO THEY!?!

>2.  Under an income with holding order - what is considered
the date the CS is paid?<

My understanding the meter is running as of the decree date of the order.

>The date it is paid by the parent when it is with held from his pay as shown on his pay stub, the day the employer mails the money or the day the clerk decides to post the money?<

I do know that an employer can royally screw one up by sitting on payments till the end of the month - this then acrues late fees.

There is something called ePAY which I am jumping into just as soon as they try to latch me down with a garnishment.  The ePAY system puts YOU IN POWER and enable YOU to determine when the payments are forthcoming.  It is something like a Child Support Escrow Holding and you can pay with an ATM type card OR Electronic Debit from anywhere in the world.  It isw preferred by truckers.  I would set up an ePAY at the DA Family Support (wierd wording isn't it?  sort of like how they call the place where they put stray animals to sleep the HUMAN SOCIETY - thos miserable leeches do not SUPPORT FAMILY).
 
>3.  Should the parent be punished for the employers failure to
timely mail the CS with holding obligation, or should the
clerk be held responsible if they take a few days or weeks to
get through posting all the support checks?<

SHOULD? NO.  WILL, YES.  Late fees and penalty payments keep you with your dirvers lecense.  

>I hope this makes sense and any direction or ideas is greatly
appreciated.<

You have got to get the financial issues in order.  I recommend you look at ePAY, but also you need to look into Asset Protection.

TO PUT THE IRS, THE COURT AND YOUR FINANCES IN PROPER ORDER SO YOU CAN SURVIVE AND RAISE YOUR KIDS HEALTHY, HAPPY AND WHOLE, CONTACT:
Financial Solutions Group: 877.365.9500, [email protected]

Families For The American Standard of Living - UNITE!