CSE and false allegations

[camillabean]

CP and children reside in Indiana.  NCP resides in Arkansas.  Arkansas has jurisdiction over case.  CP has a history of filing false allegations with CSE.  This has been going on for over 10 years.  

Thursday I received another letter from CSE stating they had been informed that I had dropped health insurance on my children.  I've already sent another copy of the health insurance information to the investigator.  CSE investigator calls me back on Friday after the copies were faxed and says she's sorry that she finally read the letter from the CP and sent it to legal to tell her she's not entitled to another review for 3 more years.

Our order states that child support ends when our youngest child turns 18 or graduates from high school whichever is the latter.  CP has lived in Indiana for over 10 years and is threatening to move the case there so child support will be extended until our now 17 year old and 15 year old graduate college.

1.  Do I have any recourse to stop CP from continually harrassing me via CSE?

2.  Is it criminal to make false allegations to CSE?

3.  Am I entitled to a copy of the latest letter to keep in my personal file?

4.  What do I do to protect myself from the case being moved to Indiana in an attempt to have child support extended for another 8+ years?  

[socrateaser]

>CP and children reside in Indiana.  NCP resides in Arkansas.
>Arkansas has jurisdiction over case.  CP has a history of
>filing false allegations with CSE.  This has been going on for
>over 10 years.  
>
>Thursday I received another letter from CSE stating they had
>been informed that I had dropped health insurance on my
>children.  I've already sent another copy of the health
>insurance information to the investigator.  CSE investigator
>calls me back on Friday after the copies were faxed and says
>she's sorry that she finally read the letter from the CP and
>sent it to legal to tell her she's not entitled to another
>review for 3 more years.
>
>Our order states that child support ends when our youngest
>child turns 18 or graduates from high school whichever is the
>latter.  CP has lived in Indiana for over 10 years and is
>threatening to move the case there so child support will be
>extended until our now 17 year old and 15 year old graduate
>college.
>
>1.  Do I have any recourse to stop CP from continually
>harrassing me via CSE?

You can sue for defamation, abuse of legal process, and intentional infliction of emotional distress. But, if the other parent has no money, then you won't collect anything. And, you'll have to pay your own attorney fees.

>2.  Is it criminal to make false allegations to CSE?

Depends on what the allegations are. If they are based on your not following the current orders, then no. If they allege that you have done something criminal, then maybe.

>3.  Am I entitled to a copy of the latest letter to keep in my
>personal file?

Huh? You said you received a letter. Why would you not be able to copy it? On the other hand, why would you need to copy it if you have the original?

>
>4.  What do I do to protect myself from the case being moved
>to Indiana in an attempt to have child support extended for
>another 8+ years?

As long as you don't move out of AR, the case cannot be moved out of AR. If you move out of AR, then the case will move to wherever you move within the USA.

As for the other parent being able to "forum shop" so as to extend the length of the child support order, that violates constitutional due process, because it would permit a person to modify the terms of a final order after it had already become final. The first judgment/order of your support obligation controls the duration of that obligation, including whether adult/college child support may be ordered, and it would be arbitrary and unfair to change that first judgment/order based on where the parties later choose to reside, because you have no control over where the other parent takes the child, or where the child may decide to move once he/she becomes an adult.

So, the other parent's threat in this regard is based on ignorance, as it is unmodifiable in regards to duration/other conditions. Only the money owed is modifiable.

[camillabean]

You can sue for defamation, abuse of legal process, and intentional infliction of emotional distress. But, if the other parent has no money, then you won't collect anything. And, you'll have to pay your own attorney fees.


It's really about the principle of the matter.  I'm tired of the constant harrassment.

>3. Am I entitled to a copy of the latest letter to keep in my
>personal file?

Let me clarify.  The letter is from CSE, I want the letter that the cp sent.  All 20-30 pages of it.

Depends on what the allegations are. If they are based on your not following the current orders, then no. If they allege that you have done something criminal, then maybe

Cp has also alleged that I am hiding money from the IRS.


I'm current and I abide by the court order.  The allegations were not true.

[socrateaser]

>You can sue for defamation, abuse of legal process, and
>intentional infliction of emotional distress. But, if the
>other parent has no money, then you won't collect anything.
>And, you'll have to pay your own attorney fees.
>
>
>It's really about the principle of the matter.  I'm tired of
>the constant harrassment.

OK, well I find money more satisfying than principle, but it's your money.

>
>>3. Am I entitled to a copy of the latest letter to keep in
>my
>>personal file?
>
>Let me clarify.  The letter is from CSE, I want the letter
>that the cp sent.  All 20-30 pages of it.

If you sue the other parent for defamation, then you could subpoena the letter as part of your case.

>Depends on what the allegations are. If they are based on your
>not following the current orders, then no. If they allege that
>you have done something criminal, then maybe
>
>Cp has also alleged that I am hiding money from the IRS.

Ah, well that definitely would be libelous if it's a false statement.

Does the other parent have any valuable money (like rea property or stocks/bonds) that you could execute against? If so, then sue her. If not, you will end up with a legal bill and a worthless judgment on which you will never collect. And, the other parent won't care. She'll just keep hating your guts and laughing at you for being unable to stop her.