Interstate Child Support Fiasco

[Dedicated_Dad]

I am Dad with Sole Legal custody since 2000, Joint custody prior.
Court in MD, I always in MD, Mom moved to DE in middle of original battle.

Long story, but in essence Mom refused to do paperwork to allow CS collections for nearly 5 years -- she was on welfare and hence nothing in it for her.  I made 14 separate attempts to pay CS at state BOSE, turned away each time.  Once refused to leave, CS worker called Sherrif Dept. and had me removed.  Mom's repeated attempts to have me charged with Contempt failed upon testimony from CS workers, etc. - hard to charge contempt against a guy for not paying when he was nearly arrested for demanding to be ALLOWED to pay.

When Judge awarded me sole custody, he also ordered that I pay $24 / wk. toward CS arrearage, and "______ County MD Bureau of Support Enforcement is to be the controlling and enforcing authority in this case."  Needless to say, I get NO CS.

I have followed the $24/wk order just slightly MORE than "TO THE LETTER" -- just ENOUGH more that noonne can argue that I have failed to uphold the letter of the order.  

For 4 of the last 5 years, DE has siezed my Income Tax refunds.  They have NEVER followed demands of Federal or state law regarding notice, right to a hearing and to have hearing in MD, etc.  After a few nasty letters, they have given me back my money each time.  Same thing this year.

Problem:  DE says I owe THEM several thousand dollars.  MD says, and I agree, that the total remaining arrearage at this time is <$300.

I have written directly to the State Secretary of DE DHHS repeatedly, giving them copied of the court order and informing them of the facts -- specifically that: (1) Their figures are wrong (2) I do not now nor have I EVER owed them ANYTHING (3) That *IF* they are owed ANYTHING by ANYONE it is MD BOSE that owes them and hence (4) that they have no right to take any action against me -- and requesting that they contact MD BOSE and adjust DE's records to match MD's.

I have also requested that MD contact DE and straighten THEM out.

MD says DE refuses to cooperate.  DE keeps asserting they have a claim against me and they will not reduce the amount they claim.

Q1:  As I have addressed and corresponded with the Secretary and his underlings directly, and they have refused to uphold the obligations of their office, can I sue them as individuals?  

Q2:  What about the agency?

Q3:  What must I do to force these [plurall expeletive deleted] to do their jobs?

Thanks!

DD

[socrateaser]

>Q1:  As I have addressed and corresponded with the Secretary
>and his underlings directly, and they have refused to uphold
>the obligations of their office, can I sue them as
>individuals?

Probably not.

>
>Q2:  What about the agency?

To sue for negligence, you have to show how you were damaged and in what amount. Since you have apparently received all of the money that you are owed, and the only issue is that DE OSE has its numbers messed up, you will have difficulty showing substantial damages beyond the time and inconvenience of your letter-writing campaigns. It's not a great case.

>
>Q3:  What must I do to force these [plurall expeletive
>deleted] to do their jobs?

Well, my first move would be to pay off my outstanding arrears with MD so that they no longer have any jurisdiction over you.

Then I would open up a new case with MD asking for support, and let them go after it. I suspect that once MD is trying to get money from DE, that the two agencies will start corresponding a little better and the accounts will be reconciled.

You could sue DE's agency and ask for a judgment clarifying your arrears, but, if you do that you will also be submitting yourself to the jurisdiction of DE courts, and, at this time, I think that you should avoid doing that, because not being able to bring you into a DE courtroom may be one of the reasons why DE doesn't keep your tax refunds.

Also, you should change your W-4 so that you you owe a small amount in taxes at the end of each year -- that way, there will be no refund to intercept.

[Dedicated_Dad]

"you have to show how you were damaged and in what amount. "

In one year, I can show that they siezed >$5,000 from me and it took me ~7 months to get it back.  During that time, my investments (Mutual funds, etc.) paid over 20% dividends -- hence $1,000 in damages.

Other years, simple interest for 5-7 months.

Additionally, the unpaid time that I have had to take from work attempting recovery -- all @ my contract rate of $60/hrly -- adds up to a sizeable sum.

All of the above I have, as always, carefully documented.

Q1:  Does that change your assessment of "damages"?

Further clarification of other matters:

I have **NEVER** been under Delaware's jurisdiction.  EVER.  They have NO stake in this case and are not even mentioned in any Court proceeding or order.

Their "claim" against me arises from the fact that my Ex took Welfare payments from them during a time when a CS arrearage was mounting.  The Court, upon my motion, attempted to resolve their meddling by saying "the ______ County MD Bureau of Support Enforcement is to be the controlling and enforcing authority in this case."

Q2:  Is there really no law I can quote, nothing I can do to tell them to "buzz off"?  Am I destined to submit to what is in my mind extortion -- "pay us money you don't owe or we'll hassle you forever" -- or continue to expect this harassment?

Thanks again!!

DD

[socrateaser]

>Q1:  As I have addressed and corresponded with the Secretary
>and his underlings directly, and they have refused to uphold
>the obligations of their office, can I sue them as
>individuals?

Probably not.

>
>Q2:  What about the agency?

To sue for negligence, you have to show how you were damaged and in what amount. Since you have apparently received all of the money that you are owed, and the only issue is that DE OSE has its numbers messed up, you will have difficulty showing substantial damages beyond the time and inconvenience of your letter-writing campaigns. It's not a great case.

>
>Q3:  What must I do to force these [plurall expeletive
>deleted] to do their jobs?

Well, my first move would be to pay off my outstanding arrears with MD so that they no longer have any jurisdiction over you.

Then I would open up a new case with MD asking for support, and let them go after it. I suspect that once MD is trying to get money from DE, that the two agencies will start corresponding a little better and the accounts will be reconciled.

You could sue DE's agency and ask for a judgment clarifying your arrears, but, if you do that you will also be submitting yourself to the jurisdiction of DE courts, and, at this time, I think that you should avoid doing that, because not being able to bring you into a DE courtroom may be one of the reasons why DE doesn't keep your tax refunds.

Also, you should change your W-4 so that you you owe a small amount in taxes at the end of each year -- that way, there will be no refund to intercept.

[Dedicated_Dad]

"you have to show how you were damaged and in what amount. "

In one year, I can show that they siezed >$5,000 from me and it took me ~7 months to get it back.  During that time, my investments (Mutual funds, etc.) paid over 20% dividends -- hence $1,000 in damages.

Other years, simple interest for 5-7 months.

Additionally, the unpaid time that I have had to take from work attempting recovery -- all @ my contract rate of $60/hrly -- adds up to a sizeable sum.

All of the above I have, as always, carefully documented.

Q1:  Does that change your assessment of "damages"?

Further clarification of other matters:

I have **NEVER** been under Delaware's jurisdiction.  EVER.  They have NO stake in this case and are not even mentioned in any Court proceeding or order.

Their "claim" against me arises from the fact that my Ex took Welfare payments from them during a time when a CS arrearage was mounting.  The Court, upon my motion, attempted to resolve their meddling by saying "the ______ County MD Bureau of Support Enforcement is to be the controlling and enforcing authority in this case."

Q2:  Is there really no law I can quote, nothing I can do to tell them to "buzz off"?  Am I destined to submit to what is in my mind extortion -- "pay us money you don't owe or we'll hassle you forever" -- or continue to expect this harassment?

Thanks again!!

DD