CS ISSUE: PLEASE HELP

[DLO_FL]

Dear Soc,

I hope I do this right...The state of residence is FL, who has jurisdiction in our support case. Support payments go to state of Texas for BM and child.

History:

March :::::: Dh files for c/s modification in FL
May ::::::    Court date - BM ignores - judge deviates from guidelines; lowers support. Orders support to terminate on 7/05. BM flees with Child.

June ::::::    TX intercepts Federal Tax return - $4542.19 - (Arrears owed $3648.12)
July ::::::     Modified Order sent to TX, retroactively reduced. -- $3648.12 credited. TX CSE confirms to have no active address for BM since April. Referred to Parent Locator Service. P.L.S refuse to assist Dh, because he showed retroactive arrears. Claims modified order was still in review.

September ::::::  Overage payment $894.07 -- also -- sent to CP
November ::::::    Arrears $941.64  - ( $894.07 not credited)
               Tx sends intent to report $874.16 to credit bureaus.
               Tx send (IDO) income deduction order, raising support $45/mo.

Dh calls caseworker. Requests to have this money credited, the new IDO removed from the file, as well as the removal to report the inaccurate balance to the credit bureaus. Caseworker states IDO would remain, the balance, though inaccurate would be reported and this money could not be credited because this office mistakenly sent the full amount to CP.

Caseworker's resolve: Recoupment letter is being sent to the CP in order to recover the overpayment. We must wait 6 months, possibly longer for this office to recoup the money that they mistakenly sent....While dh remains penalized with the IDO/ Report to Credit Agency due to TX's mistake. Parent Locator Service will not assist.

Questions:

1. If we request a hearing, like Tx says to do, and contest both the IDO and Credit Reporting; Can Tx change jurisdiction to their state, from FL simply because we respond to the letters and request a administrative review/hearing through their state?

2. Any advice?

3. Please clarify if we are entitled to a credit?

TX § 154.014. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT. (a) If a child support agency or local child support registry receives from an obligor who is not in arrears a child support payment in an amount that exceeds the court-ordered amount, the agency or registry, to the extent possible, shall give effect to any expressed intent of the obligor for the application of the amount that exceeds the court-ordered amount. (b) If the obligor does not express an intent for the application of the amount paid in excess of the court-ordered amount, the agency or registry shall: (1) credit the excess amount to the obligor's future child support obligation; and (2) promptly disburse the excess amount to the obligee.

Thank you, Soc!!

[socrateaser]

>Questions:
>
>1. If we request a hearing, like Tx says to do, and contest
>both the IDO and Credit Reporting; Can Tx change jurisdiction
>to their state, from FL simply because we respond to the
>letters and request a administrative review/hearing through
>their state?

Kinda gray area of the law. I'd say no, not unless you expressly agree to a change of jurisdiction, however, I would expressly state in your hearing request, that your request for a review is not in any way intended to express assent to a change in jurisdiction over the matter of support, and that if the court finds that your request would have this effect, then you withdraw your request.
>
>2. Any advice?

Well, if I had all the records and court orders in front of me, I would do an accounting to determine exactly who owes what to whom, and then I would go to the FL court where jurisdiction actually lies, and ask that court to enter an order stating exactly what you owe, and if zero, then zero.

Then, I would send a copy of the order to the TX CSE office that's messing with you and say, "Under the full faith and credit clause of the U.S. Constitution, you are required to accept the attached order as a final disposition of this matter. Furthermore, the State of FL retains continuing exclusive jurisdiction to modify support under the Uniform Interstate Family Support Act, therefore your IDO is issued without lawful authority. Please correct your records to match the amount owing/due in the attached order."

Then, I would submit a copy of the order to each of the three major credit reporting agencies, stating that "...any negative report from TX CSE entered into your file, is in error, unless it reflects the findings of the attached order, and that if you do not delete the negative entries from my records, I will be forced to take legal action against you."

This way, you can just stop dealing with TX entirely.


>3. Please clarify if we are entitled to a credit?

The law that you cite appears to permit you a credit, however, I don't know if you are actually due one, because I haven't done a full accounting (and I'm not gonna, either! ).

[DLO_FL]

(eom)

[DLO_FL]

Soc, this notice of Administrative Writ of Withholding was mailed "out" on 11/15/04...giving us 30 days to contest it.

1. so we have time, right??
2. Do you know if there is a  standard form we use?

 ------------------------------------------------
Anyone from Fl following this post, who could help me with this...please let me know.

Thanks, Soc!

[socrateaser]

>1. so we have time, right??

Yes. Sorry, I deleted my prior comment, because I decided it wasn't really necessary, but if you actually are still within the 30 day window, then I suggest that you go to court and contest it.

The basis of your argument is simply that both FL and TX operate under the Uniform Interstate Family Support Act, and therefore both are bound by its terms. Let me quote from the original commentary from the drafters of this Act (National Conference of Commissioners on Uniform State Laws).

"The basic concept that the tribunal issuing a support order retains continuing, exclusive jurisdiction to modify that order remains the cornerstone of the Act."

and...

"As long as one of the individual parties or the child continues to reside in the issuing State, and as long as the parties do not agree to the contrary, the issuing tribunal has continuing, exclusive jurisdiction over its child-support order--which in practical terms means that it may modify its order."

So, bottom line is that, if you have resided in FL since a FL court first established support, then TX courts have no lawful authority to modify your support order, unless you agree that TX can do so, by filing notice of your consent in a FL court. Therefore, the TX administrative order should be quashed.

And, once it's quashed, then you can send that to the credit reporting agencies, and the IRS, and tell them to back off.

>2. Do you know if there is a  standard form we use?

I don't know, but FL has loads of standard forms so I'm betting that there is one. Go to the county court family law facillitator's office (assuming one exists). Or, hire a lawyer (strongly suggested).

You could actually sue TX CSE for exceeding the scope of its authority, however, you'd have to do it in a TX court, which would be a pain in the arse, and who knows whether the TX judge would give you a fair hearing or not.

[socrateaser]

>>1. so we have time, right??
>
>Yes. Sorry, I deleted my prior comment, because I decided it
>wasn't really necessary, but if you actually are still within
>the 30 day window, then I suggest that you go to court and
>contest it.
>
>The basis of your argument is simply that both FL and TX
>operate under the Uniform Interstate Family Support Act, and
>therefore both are bound by its terms. Let me quote from the
>original commentary from the drafters of this Act (National
>Conference of Commissioners on Uniform State Laws).
>
>"The basic concept that the tribunal issuing a support order
>retains continuing, exclusive jurisdiction to modify that
>order remains the cornerstone of the Act."
>
>and...
>
>"As long as one of the individual parties or the child
>continues to reside in the issuing State, and as long as the
>parties do not agree to the contrary, the issuing tribunal has
>continuing, exclusive jurisdiction over its child-support
>order--which in practical terms means that it may modify its
>order."
>
>So, bottom line is that, if you have resided in FL since a FL
>court first established support, then TX courts have no lawful
>authority to modify your support order, unless you agree that
>TX can do so, by filing notice of your consent in a FL court.
>Therefore, the TX administrative order should be quashed.
>
>And, once it's quashed, then you can send that to the credit
>reporting agencies, and the IRS, and tell them to back off.
>
>>2. Do you know if there is a  standard form we use?
>
>I don't know, but FL has loads of standard forms so I'm
>betting that there is one. Go to the county court family law
>facillitator's office (assuming one exists). Or, hire a lawyer
>(strongly suggested).
>
>You could actually sue TX CSE for exceeding the scope of its
>authority, however, you'd have to do it in a TX court, which
>would be a pain in the arse, and who knows whether the TX
>judge would give you a fair hearing or not.

[DLO_FL]

Thank you Soc, we really appreciate all the information you gave us.   I've left a message for an attorney to call me back and hope my parents can spare us the loan to hire him! I can't do this on my own...Figured that out REAL quick!

Anyway, what I wanted to tell you is that several days ago, I sent the Federal CSE in Washington an email. I got two responses, the last from  

Kathy McMichael
Manager, POI and WI Sections
Child Support Division
Office of the Attorney General

asking me to provide Dh's name, case #, etc so she could assist us...I haven't done so yet, she's in Texas, so I'm scared; but figured if I expressly state what you said to say in the previous post about "jurisdiction" and "withdrawing the request for the review" that maybe it would be O.K.

1. So, what do you think, should I write her back, or do you think her idea of help would be blowing more smoke up our butts, OR in other words "useless"?

2. Off the topic...someone I know wants to know if she can write you for your thoughts about "civil right/medical neglect" within a prison system...to help her son...I told her I didn't know but would ask.

Thanks Soc.
 

[socrateaser]

posted same thing twice, duh.

You don't have time for Washington, and they have no jurisdiction to intercede, anyway.

I believe, and regardless of what it says on your copy of the TX IDO, that you only have 15 days from the date of service to request a hearing on the matter in FL, even though you might have 30 days in TX. If the IDO was mailed on 11/15, then it's reasonable to believe that you could not actually be served with the document for 2-3 days, because of mailing time.

But the bottom line is that day #15 was 11/30 (today), so you may be on VERY thin ice, because...if you don't contest the order in time, it is confirmed by operation of law, and the court will refuse to hear your challenge.

And, how can this be? Don't ask. I'm telling you that it IS the case, and that setting the order aside after that will be impossible, so you better take the day off and sit in an attorney's office until you get something filed in a courthouse.

[patton]

She'll give you the run around....I've had personal dealing with her, she acts like she's real interested, but never acts on anything.

Even says she's very interested and to keep her updated, but never responds after that point.

So there's your answer to her and I live in Texas.

[DLO_FL]

I tried to do a search on her, and found your old post that a had a listing of those to maybe contact, so other than Kathy, had you had any luck with one of the others on that list.

Our time expired before we could contest anything in FL, but I'm thinking at the end of January if nothing gets done between now and then, when we file to end support completely, we can get this straitened out.

Thanks