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2 State Child Support Issues

Started by gcthief1, Jan 08, 2013, 05:47:43 AM

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gcthief1

I live in IL and my ex lives in FL. She moved there over 3 years ago and had to file for state assistance since I was only working part-time and she went from 15/hr to 8/hr. Now the state of FL is telling me that I owe them back support as well as IL. The original order was filed in IL and I was told that that's where the order stayes. Now FL is asking for the back support and took my taxes last year and didnt put it towards my back support. FL also told me that if I'm behind in support in IL that they will be adding that to their back support and I will have to pay that as well. According to the law that's double jeropody and that IS illeagal. I have been fighting with this for a year now and I just need to get this all taken care of. I just need to know who has juristiction and how I can resolve this. 

ocean

Was there any court hearings in Fla to switch court from IL to Fla?

MixedBag

get a case worker's name in IL and the case worker's name in FL.


Jurisdiction should stay in IL if you didn't move.  (Though other's have experienced a move).


Ask for a detailed report from both states and start comparing notes.....


Send mail only via a way that you can prove they got your correspondence (CONFIRMED DELIVERY or CERTIFIED).


You can actually do first class confirmed delivery inexpensively (PayPal.com) for less than $2.   Nothing shuts a company up like "I know you go it because I sent it confirmed delivery and the post office says it was delivered on XYZ date.


Be aggressive about this -- don't let it slide....


And maybe run it up the "chain of command" as appropriate -- like when you get "ignored" or feel like you're talking to a brick wal vs. a human being.

gcthief1

I have been in contact with both states now and they both are screaming jursidiction. I think its time to get a lawyer and let them have at it. I will not be filing my taxes until they get this straightened out. Last year FL took over $4,000 over my taxes and told me it was a gift and was not put on my back support. I wont go through that this year. Its bad enough I paid on a chiild that was 18 for over a year. I dont mind paying my back support but I dont feel I should have to pay for 2 states. See what happens. 

MixedBag

of course they're both screaming jurisdiction -- there's federal subsidies behind their respective programs.


keep taking names -- in both states, and keep writing letters UP their chain of command...


Maybe that will get someone to get their head of their rear end.


And quote the part of each states' code -- UCCJEA -- that give guidance about jurisdiction.




Davy

#5
 
Ok. It has been a long time since I was "current" on issues but useta spend hours on end in law libraries as a lay person and or prose' litigation.  I do know that you/they are under National Standard Acts (ie Uniform" whereby national statues are developed to be adopted in all states and they usually are adopted but the standard act may have been modified by any state legislature. 

The UCCJEA is a uniformed act dealing with Child Custody determinations and absolutely has nothing to do with child support.  The national acts governing child support began as UIFSA (Uniform Interstate Family Support Act ) and subsequently rolled into the URESA (Uniform Reciporcal Enforcement Support Act) or something like that and has probably been further enhanced since first enacted.  I think those acronyms are fairly accurate. 

You might consider contacting the main IL States Attorney Office as well as the main FL Attorney Generals Office ... try to speak to the problem resolution person about state statues (or whatever) NOT the CHILD SUPPORT division.   Those folks may not be sufficiently trained in such matters (I'm trying to be nice).  Once you get to the apppropriate office ask what statues they are operating under whereas you and the welfare of your children would be jepordize my the state.

In the end, I believe or guessing that IL will maintain jurisdiction because the payor still resides there and FL will have no jurisdiction to prosecute you in case of non-payment, etc.  Also, it would be typical for out of state orders to be registered in another state so if the IL Support order does not appear in the FL State registry then the FL Welfare agency may be able to use IRS against you (or some other feeble excuse).  This rhetoric is just an example and there may be a host of other circumstances.

Whatever, you should not have to hire private attorneys to straighten up 2 state governments.  Those monies belong to you and your children ... not the state. 

I have never been involved with child support issues in the court system but have been in interstate custody matters.

MixedBag

Thanks for chiming in Davy -- I was thinking that you were about the only left with some real personal experience here.


Mine was simply too long ago....as you can tell.


Stick around more....(even if you drive us up the wall sometimes...) k?  I'm sure I do that to many here too.

Kitty C.

Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Davy

What ever was said or implied .. I always loved ya ... just so ya know.

Hopefully, many children have benefitted from this site and ALL those that involved themselves ... many before us and many after us.

Much thanks to Wallen and those that initiated this site.

MixedBag

absoutely....the next generation here in Alabama is benefitting....there's another child here that's gonna be able to have both a mom and dad in her life -- and neither will be pushed out!