A Scary Note on the Maryland Child Support Enforcement process.

[leon clugston]

i posted my comments for the first person. I personally dont know SOC, you need to comment to the first post for that question. This that I post is from experiences in dealing w/ CSSD in Alaska, and assisting others in other states,w/ similiar cases.

[POC]

I stand by my understanding of the law that no person or entity has the right or authority to slander your credit. Slander is when you publicy defame or discredit someone or entity in a way which is not true. In this case, his credit is being slandered. Most likely there are damages associated with that slander.

[leon clugston]

I agree w/ you one hundred percent again,but like I said unless they know how to fight it correctly, and be able to rebute the answer that CSED, CSSD,etc has as required by federal law to rebut any presumption or claim of wrong doing there in for a fight that the average person wont win. Slander is what it is,theres no doubt to that, but ive seen a lot of claims and never a win against these guys, at least in the courts.

[POC]

>I agree w/ you one hundred percent again,but like I said
>unless they know how to fight it correctly, and be able to
>rebute the answer that CSED, CSSD,etc has as required by
>federal law to rebut any presumption or claim of wrong doing
>there in for a fight that the average person wont win. Slander
>is what it is,theres no doubt to that, but ive seen a lot of
>claims and never a win against these guys, at least in the
>courts.

A separarate slander suit, with the exw and CSE named as plaintiffs does not require any knowledge of how CSE runs its agency. I'ts a fairly simple prcoess:

1) You are claiming that I owe XXX amount of dollars.
2) I have provided sufficient evidence (same standard as for any other creditor or collection agency) that said amount has been paid in full. Please see exhibits A, B, C, etc...
3) Since you have been provided said evidence, you have continued to slander my credit.
4) Ample time and opportunity has been made for you to retract such accusations, but you have failed to do so.
5) Plaintiff has incurred damages from the willful acts of the defendents' slander.
6) Plaintiff requests compensation from the defendents to make plaintiff whole again.
7) In light of the defendents' refusal to act in good faith, even after they were made aware of their negligence, the defendant requests punitive damages to serve as additional incentive to act appropriately in the future.
8) Plaintiff requests that all attorneys fees and court costs be paid by the defendants.

In a nuthshell, CSE and the exw know what they are doing is wrong. The obligor has done everything right. Quit slandering his credit, and since you failed to do so when you knew that you should have, now it's going to cost you more than if you had done what you were supposed to do.

[Giggles]

I too live in MD and the CSE offices are a total JOKE...anywho...

You say your X got a wage withholding order...HOW??  Were you not served with a court date?  If not then it's an unlawful order and you were not properly served...this  is an angle I would persue!!!  Wage withholding orders just don't magically appear!!!!

[leon clugston]

The Unfortunate part to that claim is the agencys were granted the authority under congress through the Social Security Act, and reaffirmed under the CFr in Title 45 to issue such orders regaurdless of the wether there is a court order or not. To explain this in a since of how this was acheived and to bypass the courts, all one has to understand is that we when we excepted are social security numbers denaturalized areselves from are citezship status as citizens of the United Stattes of America protected under the constitution to citizens of the United States, the welfare States, and therefor stepped out of the constitutional side, the federal courts have upheld this in the Haybrin case and others. The origination of the agencies was for they were to be envetigatorial, fact finding, but throuth the social security act and other federal implemented welfare programs,(gratuites) they have acquired the power of executive and judicial sense. When you live in a Administrative world you are open to enterpretation and quasi judicial authoritys, for if it was not created under the constitution, it can not be held or protected under the constitution.

[Giggles]

issue a bench warrent for failure to pay on my X?  He is now over 15K in arrears and hasn't paid a dime of support in over a year.  I keep giving them his address, phone numbers, places where he works and NOTHING!!!  He still has his Drivers License, and of the 2 times they tried to do a "Show Cause", they couldn't serve him so they dropped it...ugh!!