More fun with CSE

[Dedicated_Dad]

BG:

OLD (OLD!!) Arrearage ensued due to MD DCSE not doing their job.
8/00 Judge finally ORDERS them to be "the controlling and enforcing authority in this case" and for me to pay $24/wk toward arrearage until PIF.  Last payment this month.

DE DCSE claims I owe THEM $1200+.  Sieze tax refund years in a row, finally refund to me each time.  Refuse my repeated, notarized written requests to contact MD and straighten it out.

MD DCSE contacts DE, DE refuses to cooperate.

Just got another notice -- they plan to sieze taxes AGAIN.  Sent it to MD requesting their assistance, they declined to become involved again.

QUESTIONS:

(1) When order issed by state 1(MD), where (alleged) obligor still lives, Doesn't Fed. law govern what state 2 (DE) can do?

(2) When State 1 (MD) is ordered by judge to be "the controlling and enforcing authority in this case" can they legally decline to get involved when State 2 (DE) oversteps their bounds?

(3) Any suggestions?

Thanks!!

DD

[socrateaser]

>(1) When order issed by state 1(MD), where (alleged) obligor
>still lives, Doesn't Fed. law govern what state 2 (DE) can do?

U.S. Constitution "full faith and credit clause" provides that DE must honor the MD order. You must register the MD order in DE and the file a petition/motion for injunctive relief, ordering DE CSE to abide by the orders of the MD court as to the arrearge.


>(2) When State 1 (MD) is ordered by judge to be "the
>controlling and enforcing authority in this case" can they
>legally decline to get involved when State 2 (DE) oversteps
>their bounds?

Well, you could probably convince an MD court that your position is correct and either get a writ of mandate or assistance against MD CSE, but the steps outlined in #1 above circumvent the need to use MD CSE, so why not use the direct route, before your taxes are seized.

>(3) Any suggestions?

Same as before -- change your W4 so that you will have a small net tax obligation rather than a refund due at the end of the year. There's probably still time to accomplish this.

[Dedicated_Dad]

BG:

OLD (OLD!!) Arrearage ensued due to MD DCSE not doing their job.
8/00 Judge finally ORDERS them to be "the controlling and enforcing authority in this case" and for me to pay $24/wk toward arrearage until PIF.  Last payment this month.

DE DCSE claims I owe THEM $1200+.  Sieze tax refund years in a row, finally refund to me each time.  Refuse my repeated, notarized written requests to contact MD and straighten it out.

MD DCSE contacts DE, DE refuses to cooperate.

Just got another notice -- they plan to sieze taxes AGAIN.  Sent it to MD requesting their assistance, they declined to become involved again.

QUESTIONS:

(1) When order issed by state 1(MD), where (alleged) obligor still lives, Doesn't Fed. law govern what state 2 (DE) can do?

(2) When State 1 (MD) is ordered by judge to be "the controlling and enforcing authority in this case" can they legally decline to get involved when State 2 (DE) oversteps their bounds?

(3) Any suggestions?

Thanks!!

DD

[socrateaser]

>(1) When order issed by state 1(MD), where (alleged) obligor
>still lives, Doesn't Fed. law govern what state 2 (DE) can do?

U.S. Constitution "full faith and credit clause" provides that DE must honor the MD order. You must register the MD order in DE and the file a petition/motion for injunctive relief, ordering DE CSE to abide by the orders of the MD court as to the arrearge.


>(2) When State 1 (MD) is ordered by judge to be "the
>controlling and enforcing authority in this case" can they
>legally decline to get involved when State 2 (DE) oversteps
>their bounds?

Well, you could probably convince an MD court that your position is correct and either get a writ of mandate or assistance against MD CSE, but the steps outlined in #1 above circumvent the need to use MD CSE, so why not use the direct route, before your taxes are seized.

>(3) Any suggestions?

Same as before -- change your W4 so that you will have a small net tax obligation rather than a refund due at the end of the year. There's probably still time to accomplish this.

[Dedicated_Dad]

I've never set foot in any court in DE, and the MD court who issued the order said very clearly that the MD county DCSE was in charge.  Seems to me this means DE has no authority.  They have simply decided they are owed money and are going about collecting it via illegal means FROM THE (now) SOLE CUSTODIAN OF THE CHILDREN.

I REFUSE to pay what I don't owe.

You said <<"...You must register the MD order in DE and the file a petition/motion for injunctive relief, ordering DE CSE to abide by the orders of the MD court as to the arrearge...">>

QUESTION: If I do this am I submitting to the jurisdiction of DE??

QUESTION: Can you point me to the section of Fed law that spells out the requirements / procedures in interstate cases?

THANKS!!

A

[socrateaser]

>>QUESTION: If I do this am I submitting to the jurisdiction
>of
>>DE??

Yes, you are. And, ordinarily your statement of jurisdiction is correct, as far as the ability of DE being able to interfere with you in MD. However, the IRS code permitting an intercept of your tax refund is FEDERAL law, and it preempts state law jurisdiction, therefore, unless you can get a Federal District Court to rule that Congress did not intend this IRS code to preempt state law (which is actually quite likely, but it will cost you to both time and money to win), then you are stuck with my previously suggested procedure.

For some reason you don't seem to want the easy answer. CHANGE YOUR W4 SO THAT THERE IS NO REFUND TO INTERCEPT, AND YOU WILL GET WHAT YOU WANT FOR FREE AND WITHOUT ANY LITIGATION COSTS!

>>
>>QUESTION: Can you point me to the section of Fed law that
>>spells out the requirements / procedures in interstate
>cases?

The Uniform Interstate Family Support Act is part of every State's law. It is not Federal law, it is a uniform State law that is substantially identical in every jurisdiction. Just search the online version of the MD statutes for "Uniform Interstate..." etc., and you should find it.

[Dedicated_Dad]

<>

They do this EVERY YEAR.  Every time they send a notice I have to deal with it.  Occasionally they hit my Credit Report and I have to deal with THAT.  Driver's license -- same thing.

Preventing Intercept is just masking the symptoms.

What I REALLY want is to get these nice folks to stop harassing me!!!

A

[socrateaser]

>What I REALLY want is to get these nice folks to stop
>harassing me!!!

The only way that you will get them to stop harrassing you is to either pay in full, which is nuts, or sue them in their own court, thereby losing the protection of the lack of personal jurisdiction. I don't know that I'd want to make that trade off.