CSE refuses to accept Family Court Order stating arrears are paid in full

[CDAN99]

I am in contact with someone who has paid off arrears in full as settled in Family Court. Now the CSE legal team states they made an error over 8 years ago and that the arrears amount owed has to be resettled Family Court. He's spent countless years and $$$ in court using the CSE records as accurate and now they are changing the numbers after the fact and threatening him.

Is there any recourse? Statute of Limitations?
Can they legally do this to him 8 years later?
Can CSE be sued?
He doesn't have the ability to hire an attorney so what should he do?

[MixedBag]

Remain firm.

Double check their "claimed facts."

Start taking names and number and dates of every time they contact the person and the person contacts them.

Stick to writing only (well, IMHO) and send communcation via traceable methods (first class confirmed delivery is a whoppin' $1.69 using paypal.com) so they can't totally deny receiving communication from him.

Limitations?  Hmmmm....not sure about that.

But I'd say -- let's go to court -- if it's not in an order.....the normal advice is to stick to the order.

[CDAN99]

Problem is that CSE refuses to adjust the CS arrears accordingly while at the same time threatening him by upping the arrears until he settles the matter in Family Court AGAIN. This has got to be abuse of power. I wouldn't think they have the ability to override the court. Just who is running the system? CSE or Family Court or are they one in the same? Don't answer... most of us already know the true answer.

Standing firm sounds good but CSE is unilaterally ruling that they can override the Family Court until told otherwise. Claimed facts can't be checked until the case is reopened and that creates an extreme hardship. I believe that CSE has overstepped their authority while creating additional unforeseen problems for this guy. Is there any recourse in the matter? Someone should be held accountable for the harm done. What if Family Court sides with CSE? They are basically allies so I wouldn't count on the Family Court system for justice in this matter. Just follow the money I am not sure what feasible options this guy really has.

[MixedBag]

Can the parent file something to ask the court to close the case?  Like based on the fact that the parent believes the arrears are paid in full -- or that the child has emancipated?

I'm grasping at straws....ok?  Thinking outside the box...

What about filing a "Motion to Close Child Support Case"
Comes now the Parent with a Motion to Close Child Support Case for Child, XYZ, due to the fact that all obligated child support and ARREARS have been paid in full according to the most recent oder.  The CSE folks have refused to close the case and are now harassing the PARENT for additional funds without providing detailed documentation to their logic.

Something along those lines....

It's almost like writing a letter to the judge -- but when you do that, you have to do it in the form of a motion....serve the other party....and see if you can muddle your way into getting a hearing on the matter.

I'm NO ATTORNEY -- but I think that's what I'd do personally.

OR start writing letters requesting detailed explanation up the "chain of command" -- they all work for someone and THEN take those letters with you and file in court afterwards to show they're harrassing the parent and not providing a detailed explanation.....and how "high and mighty" their attitude is regarding CS.

[Davy]

I agree with MB in principle.  And to the best of my knowledge the "court order" is the governing document.  It appears the CSE "agency" is doing what they do best .... intimidate, harass and criminalize attempting to justify a job. 

I would consider filing prose' a "Notice to the Court" with the Clerk of Court. Include all the nonmenclature (court desgnation, cause/case number, etc.) then simply advising of your duress because a state agency is not accepting the court's judicial order depicting that arrears are paid in full  (attach order).  The Clerk should advise the court and hopefully this action may serve to halt the harassment or otherwise CYA and perhaps defer any CSA arreages not adjudicated.

Should you want to pay a filing fee, you may want to file a "Motion to Clarify" with the court.  I think both of these methods may help avoid an adversarial hearing with CSE.  Be perpared to file a "Motion to Dismiss" any CSE filing. 

It all depends on how willing and adamant the obligator is to justify the court order.  One thing is for sure.  Avoid being trapped into a situation whereas CSE gets a ruling by springing their facts at the last second or on facts not under judicial review.  Eight years .... really !!!

Best to ya.  Obligator is fortunate to have this poster's assistance and encouragement.

[ddheath]

sounds to me like all 50 states people need to stand as one and either force these states to look at the power dhs or state aide has and to get them under control these places where put into motion to help those who needed that little bit help not for them to use as a career and the departments doing what ever they please and all the legal fegal bull will not help most of us its what they want and say no matter what im suprised they dont fine us tax us or jail us for speaking out freedom of speech is not as it seems anymore either they take n take while we struggle to survive and yet they still give out medical, food and a monthly check to all that cross our borders what about the ones inside, our children in the end are the ones suffering all the way around i for one wonder and am scared what the very near future holds not impressed with anything anymore its all greed, poverty, abuse and no jobs soon we be paying with blood

[BonnieC]

Sounds like they're just trying to milk as much money from people as possible. Even by lying. How do they get away with it?

[FredTheDead]

Child support is a funny thing. Not knowing what State you are in makes if most difficult to determine appropriate actions.

In my State, California, the Court wouldn't order Support Arrears paid in full unless it is agreed by the Child Support Agency, as they have to agree to the terms. So a court order wouldn't even happen without them.

The other thing is, Whether the support Arrears are owed to the Custodial Parent or the County for repayment of Welfare.

Again, if it's welfare repayment, Child Support is the only party authorized to do an "Offer in Compromise", not the court.

If the money is owed solely to the Mother, then the Mother has full authority to settle the debt at whatever she wishes, though she will have to sign papers with the Child Support Agency releasing them.

Typically, none of this applies if the child(ren) are under 18.

Good Luck.
Fredthedead.