PLEASE HELP -- CS -- and those of you dealing with 2 states; READ!

[DLO_FL]

The state of residence is FL, who has jurisdiction in our support case. Support payments go to state of Texas for BM and child. I wrote you about a week or so ago because TX was not crediting our overpayment and sending Income Deduction Order to Dh's employer...That issue has been resolved as far as the credit, BUT a new problem has surfaced with the state of FL.

Back in 2003, the state of FL, CSE Dept. of Revenue closed Dh's case, and ZEROED out the balance, because BOTH the state of FL and TX were trying to collect so then, a redirection of payment was filed. FL still retained jurisdiction over the parties and the case, and when Dh called the clerk's office, and family law center yesterday to find out what form we use to terminate support. They took DH's case number and came back with...."We're not closing this file, you OWE $8,000!!!"

This MONEY has already been paid through wage garnishment and sent to TX! Our court order stated that any payment not sent to through the Florida Disbursement would not be credited and considered as Gift...but note of interest, when DH's employer sent payments to the FL disbursement unit, FL Disbursement Unit sent the payments back stating the case was closed. BUT now because of this, there is a $8,000 balance in FL with the clerk's office, which is accumulating even though the payments were/are directly sent to TX Disbursement Unit.

I have our payment history in BOTH state's that go back all the way to the very first payment. Both starting out with the same amount of retroactive arrears.  TX records CLEARLY shows this amount has been paid as they have been collecting but due to their interference with the FL court's order, ALL of this crap occurred!

1. Is it legal for FL to make us repay this money?
2. Will FL disbursement Unit sending payments back to employer, help out?
3. Will a letter from FL CSE stating case was closed, amount zeroed, help out?
4. Once the money is garnished, is it legally out of dh's hands where it goes?
5. Any Advice: What should we do to correct this?
6. Could we sue to recoup this money, if we are made to repay?  If so, who would we sue to get the money back.
7. An attorney from FL said to simply file to terminate when it's time and take all payments in, do you think it is really as easy as that?

[socrateaser]

>1. Is it legal for FL to make us repay this money?

Hmmm...ok, I've got it.

FL's rendition of the UIFSA orders that your employer send a portion of your earnings directly to the collection unit in the State from which the foreign wage assignment order was issued (i.e., TX), and further orders you and your employer to treat that foreign order as if it were actually issued by a FL court. If your original FL order commanding you to send payment to FL disbursement was issued before the TX order, then the TX order impliedly overruled  that original FL order, from the moment that the TX order was served on your employer. So, proof that a valid and enforceable TX wage assignment order exists, that you had knowledge of the order, and that you paid according to its instruction (or, that your employer paid your wages according to its instruction) is proof that you have satisfied the order. Thus, the TX order is the only order that you are required to satisfy, and you have done so, therefore, you owe nothing to anyone.

>7. An attorney from FL said to simply file to terminate when
>it's time and take all payments in, do you think it is really
>as easy as that?

It may be easy, if the FL CSE agent is in a good mood. If not, you will need to file a motion for an order declaring your original order satisfied, on grounds that the TX order, once served on your employer, overruled the original FL order, and that you have satisfied the TX order.

I'd do it now, before your credit report gets smashed.

Happy holidays.

[dipper]

I am the CP of two girls.  We live in VA.  NCP moved to NC about 7 years ago.  Good escape plan.  It is virtually impossible to enforce support from VA to NC unless the NCP wants to pay.  They cannot make him come back for a show cause - its not a criminal case.  VA cannot subpoena any state files to find employer as its across state boundaries.  And it takes months to get DCSE to request out of state assistance.  Been a month since that request went in and nothing......$5000 behind and building...................In the past, I had been able to find out where he worked, verify employment and turn it in to DCSE.....however, cant find out the info myself this time.....

[jolawanda]

employers were required to put new hires thru a New Hire State Matrix and it would flag them if they owe CS.

Mr. Jola's X used to say the same thing about him:

good escape plan....Um, it was called getting better jobs! DUH! She's a very bitter woman though.

[DLO_FL]

First, Happy Holidays to you, too!! And thank you for your reply. If you don't mind, I just have a few more general questions on filing to end the support.

After we serve BM at her last known address and it FAILS;  

1. Do we put the service of publication here in FL in the county that has jurisdiction (( or )) do we put the publication in the county BM last resided?

In reference to termination, the court order only states that father's child support obligation shall continue until the child attains the age of 18 on July 7, 2005. There is no mentioning of graduating from school or anything.
 
2. Does this mean that on July 7, 2005 we are done?

We have to wait 6 months prior to birthday to file and DH's credit is already smashed...so,

3. Can we use the motion to modify support form to get the order declared satisfactory and on the same form - file to terminate?

Thanks, Soc.

[dipper]

moved and stopped paying CS, then it would have been stupid for his ex to say that.  However, if he moved, making it very hard to collect any CS and not paying it on his own, then YES - it was a good escape plan.  People expecting both parents to be responsible for the welfare of the children is not bitterness.  I would take any reasonable amount from my ex, as I believe CS amounts are set very high at times.  However, not paying at all is neglect of children, IMO.

I do not know what reporting system there is as far as employers - obviously it is weak as NC has had this case for a month and still do not have a clue as to where he works.

[jilly]

Don't shoot me for saying this..lol...as I normally don't defend the beautiful State of NC when it comes to CS. (I'm in NC too)

When my DH quit his job to go to work for another company, his former employer sent a letter to wherever they send those things advising he would no longer be their employee as of August 2004.  I don't have a copy of that letter but I believe that the payroll clerk also advised them of DH's new employer.  I know that the State has this information because DH was just served with a Notice to Show Cause and Bring Records, etc. (not formal name, but you get the picture) and it had his employer listed on the Notice.  It is the responsibility of the NEW employer to advise the State of a new hire. Do you know your ex's social security number?  Maybe I'm being naive, but I find it hard to believe he can't be found...unless he's working under the table, in which case you're screwed.  CSE has access to various databases in order to track someone down to pay CS.  All they need is his name, DOB, SS# DL# and last known address.  They're like Big Brother that way.  At any rate, I do wish you luck and hope you find him.

[dipper]

Yes, but being in VA, they claim that they cannot access NC's database and therefore have no way of finding out themselves.  NC has had this case for a month and no word back from them.  The case has been with DCSE for about 7 years.  For about 2 years he held a steady job.  Earlier this year, that ended.  I think he may have been working under the table for a few months, but over two months ago he went to work for a lab company, but I do not know which one.

Oh, I believe he can be found.  Its just that CSE isnt trying that hard.  

thank you for the information

[jilly]

I see said the blindwoman!

[DLO_FL]

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