Please help me address this issue

[DLO_FL]

We are looking for input from those of you who have been in a similar situation or from anyone who can add some insight as to what YOU would do in our situation. I'm hoping to send out a certified letter in the morning, (return receipt requested) but I'm not sure yet what it should actually say but need to know -- what "if" any rights -- we have, before I do this.  

Here's the situation: On June 18th, Tx AG intercepted our tax return and credited TX CSE office with $4542.19. This amount was to pay off any and all arrears. On November 9th, we received a letter from TX AG, a "notice of intent to report" $874.19 to the credit bureaus in UNPAID support. Well, we don't owe this!

On the following day, we received our Financial activity report stating that OUT of $4542.19 only $3648.12 was applied and credited to our account. The report ALSO stated we HAD an overage paid balance of $894.07. [$4542.19 Intercept - $3648.12 credited =  $894.07 overage]. So, where is this overage money?! Well, here's where it gets interesting:

According to CSE today, at the time of the intercept we ONLY owed $3648.12...but thanks to TX's $hitty accounting -- $4542.19 was taken -- BUT instead of rightfully refunding DH, or crediting his account on future payments - they decided to send the FULL amount to the CP, and all we heard is Oops, we made a mistake!

But that's not all...their resolve on this issue regardless of THEIR mistake, is that DH will be PENALIZED! His Income Deduction order has gone up $45.00/mo until the amount we ALREADY paid is PAID all over, and the amount will NOT be removed from his file. Even better, because DH shows arrears, (read: bogus arrears) TX AG -- WILL -- report this to the credit bureaus, which they say can last 7 YEARS!!  We say BS and WANT our credited amount DUE to us, TAKEN OFF!

To sum it up, our questions are (hoping you can answer) is:

1) As to the credit reporting...doesn't this constitute FRAUD?

2) Dh has asked that they immediately removed this overage money from his balance...again, his case worker said they won't...this, even though he owes support until 07/05...So, what are our rights to getting this money properly and IMMEDIATELY credited, here? I mean, what's to prevent them from collecting from this upcoming years tax refund, if this bogus arrears is STILL shown, kwim?

3) Any suggestions as far as being penalized at $45/mo. for this BS! Is that illegal?

Please help me address this issue...we are LOST at what to do!

[ocean]

Okay...When this happened to us, we had to go back to CS court and then "prove" our case. This is how it was fixed but it took a while since we had to wait for a court date. CSE comes to CS cases so they will be sitting there and then the judge will decide and re-do the order so you can take it to your employer. If you are overpaid you can ask the child support be suspended to this date....or take a little off every week for 6 months? Has he tried to GO and see the case worker and not do it over the phone? We have found that when you go there it gets you further. By us, every Wednesday you can go without an appointment and be seen. Do they have this by you?
BUT....if they took the whole amount then your account should have been on the positive side so how did it go to the negative so quickly and so how you are in arrears?  Also, does TX have an on-line CSE system? Here you can follow everything that happened to your account on-line. You have to ask for a password to be sebt to you. That way, you can watch it weekly or monthly so you can catch it quicker. Good luck!

[DLO_FL]

Thanks for your reply. We are actually in the state of Fl. so we cannot go to the state of Tx and visit his caseworker. Fl CSE was involved in our case, but the department of revenue closed the case, because, from what I now understand the two state were trying to collect through the disbursement unit, and then a redirection of payments was filed.

But, they did take the full amount, which would have put us in the positive, I can only imagine that this problem was created because FL had us fully credited, while TX did not. Fl courts still has jurisdiction to modify and end our support...the only exception here is FL cse will not step in to assist us...we have to deal with Texas.

[KAT]

Have you  requested an *audit* of this account via certified mail?
In addition, you guys (sadly) now know how freaking screwed up the system is. DO NOT get refunds!!!!! It is possible to work it up so that you pay a tiny amount at the end of the year or only get a small amount back. It's just NOT WORTH IT.
I'll have to address your other post later...puter problems right now.
KAT

[DLO_FL]

Hi, Kat...I was hoping you'd run across my post...you helped me awhile back. Yes, we do have a audit of our entire payment history and we can prove the over payment...did you see my other post on "Topic: Getting overage back" , the information I got -- says (I think -need clarification) that they have a duty to send the overage payment to us. They know we overpaid, but they sent it to BM!

[ocean]

I forgot to add axactly what the other poster said..Go directly to your employer and put "claim 0". You will have to pay at the end but you will get more each week. At least your ex will not get it. You still have a month of checks that you can get some of it back. Good luck!

[MixedBag]

You know, it sounds to me like the phone calls need to stop.  (they get ignored too much).

Sounds to me like you (or dad) needs to lay it all out in ONE letter with the attached documents (proof) to justify what you're saying.

Give them 30 days to respond and send it certified delivery so they can't say they didn't get it.

Then send it UP the chain -- specifically get the CSE worker's supervisor's name and so forth.  

Every letter gets sent certified and you decide just how far up the ladder you want to go before going back to court.

If there is on satisfaction, then file a motion with the court to get it all resolved.

And search this site in old posts for the Fair Debt Collections Act.  Someone posted about it before and if you can't find it, drop me an e-mail at "[email protected]" and I'll e-mail you what they said because I saved it in a MS word document.

[DLO_FL]

Thanks, I'll start searching for the Fair Debt Collections Act, now. I'll contact you if I can't find it. Thanks.

[wendl]

DLO can I email you what we did in regards to a similar situation, I would rather not post as bm still stalks me here.


**These are my opinions, they are not legal advice**

[DLO_FL]

I just sent you a PM with my email addy...If you didn't get it...let me know, and YES, I would appreciate knowing what you did! Thanks.