w/c settlement and child support problem

[janie]

My husband is in the process of settling his w/c claim. The settlement paperwork stated that any amount due or owing from child support would be garnished from settlement check, before we even get it.

Problem is:

My husband "had" a child support case that was initated in the state of Fla, on behalf of state of TX that has been "paid off and closed in 2005". FL DOR Child Support Enforcement has $0 balanced owe. TX AG Child Support Enforcement has $0 balance owed.

When we satisfied the order, TX AG CSE said they would send FL paperwork, showing such back in 2005. They didn't. Now, two years later, the Clerk of the Court here in FL show in their records that we still owe a balance of $10,000 in support, and we don't owe them anything.

I searched eveywhere on the internet to find help.

Does anyone know:
1) Can they garnish that amount from settlement check?
2) how does one determine any support owed ie; (SSN#, Department of Revenue, or do they contact the Clerk of Court)?
3) Any insight, as to what we should do to stop any garnishment from happening?

TIA, Janie.

[ocean]

Go to the Child Support office in person with the documentation you have and see if they can take care of it there. Sometimes they can do it...others they will have to have a court date over it. I would go in person though....the phone help line is worthless.

[janie]

Hi, thank you for your response. We actually tried doing that, but FL DOR CSE had closed the case back in 2004 and will not assist since. We just called them yesterday, and have visited their office...the response we "always" get is case is closed...and they cannot help, or should I say won't.

It's a big mess, but FL initiated the case for the state of Texas...We live in FL, well BOTH states were trying to collect, so FL just closed the case, and well then all payments went directly to TX. (Any payment sent to FL Disbursement Unit was rejected and returned). We paid off cs through TX, but the clerk of court here in FL will not recognise our cs has been satisfied, and FL dor cse will not help.  Tx is sending a payment history showing $0 balance, but will not send anything other than that.

I understand I have to go to the court house and file something but I just don't know what, and I'm concerned that by time I get a court date, the money will be already garnished. My husband isn't getting much so it is something we need to stop.

[mistoffolees]

It seems that there must be some way to get documentation from FL that the case is closed.

Maybe:
- Send a certified letter asking for the status. They will likely send a written response that they're unable to provide a status because the case is closed.
- From the FL office, call the TX office and ask them to restate that the case is closed.

It seems that when you get the TX payment history showing a $0 balance that this should be good enough for FL, anyway. What more do they want?

[ocean]

The problem is with the Florida court right? I would go to the your court house and have them help you file what you need. I am not sure what it would be...Do you have a case number/garnishment letter? If they happen to take the money and both cases are closed then it should come back to you anyway right? (just may take a little longer...)