I cannot accurately determine how much arrears I actually owe.

[416021va]

The State of Florida Department of Revenue states that I owe "X". The local County Department of Revenue states that I owe "Y" and the local County child support enforecment office states that I owe "Z".

The County Department of Revenue states that I owe $8500

The States says that it is $7900

The Local County child support enforcement office states that I owe $11000

The County DOR says that the only person who can provide an accounting is the Local County child support enforcement office. I called back the Local DOR and they said that the Local County child support enforcement office's numbers are wrong and that they would let them know about it.

Everyone refuses to give me something in writing regarding our conversations (except for accountings of the child support case).

I just made a lump sum payment for $4800 and now I am pretty nervous.

The Local County child support enforcement office states that there is a lien against me for about $300 but refuses to tell me what it is for.

Additionally, the IRS intercepted my tax refund. It is sitting in limbo for 180 days until they can determine as to whether or not we will claim injured spouse.

My questions are as follows:

1) What can I do to determine what I actually owe?

2) Who has the authority to determine what I actually owe and give me the correct credit for paying my arrears down?

3) Is there anything that I can do to advise the IRS that I do not want to claim injured spouse and have them hurry up and disperse the money.?

Thanks

[socrateaser]

>My questions are as follows:
>
>1) What can I do to determine what I actually owe?

Ideally, the first thing you want to do is get a written statement from each agency showing how much you owe, so you can use it as evidence for a motion. Whether you can get a statement or not, the next step is to file a motion for a clarification order to calculate arrears with the court, and serve notice on each of the agencies of the hearing. Your pleading should state that the agencies' calculations are substantially different and that your reason for the hearing is so that they have notice and opportunity to defend their calculations or be subject to yours and the court's order.

In your filing you provide your calculations and evidence of what you believe you owe. Then, at the hearing, the judge will look at your evidence, and assuming that the other agencies appear, at the other agencies' records, and the court will make an order of the amount that you owe. Then you pay that amount along with a letter to each agency with a copy of the order stating that if they do not adjust their records and you are injured as a consequence (credit record, etc.), that you will sue the agency for negligence.

If you want to take it one step further, then you would want to file a motion to join each agency as a party to your case, on grounds that it is in the interests of justice that the court order each agency to correct its caculations to reflect the court's order immediately. That way you get the opportunity to use the court's contempt powers to force the agencies to comply.

You can also accomplish this same result with a writ of mandamus, naming each agency as a party in a separate civil court action, but that would be a completely separate case and it's a much harder pleading to write, because you won't have any forms to help you, so I'm not recommending this approach.

>2) Who has the authority to determine what I actually owe and
>give me the correct credit for paying my arrears down?

The court -- no one else.

>
>3) Is there anything that I can do to advise the IRS that I do
>not want to claim injured spouse and have them hurry up and
>disperse the money.?

Call them up and tell them what you request. They will want your spouse to send them a letter confirming her waiver of any right to claim injured spouse status.

[416021va]

absolutely brilliant!

[416021va]

Well we called the IRS, then the Federal OCSE, then the State of Florida Department of Revenue, then the State of Florida Department of Revenue local office to try and find out who has the authority to accept my spouse's waiver of claim to injured spouse.

The IRS said to call the OCSE, OCSE said to call the State DOR, Florida State DOR said to call Florida's local DOR.

We sent a letter to Florida State DOR and Florida's Local DOR with my spouse's consent to waive said right to claim injured spouse.

I called the Florida State DOR and Florida's Local DOR to followup.

Florida's Local DOR said that they could not do it unless the Social Security Administration told them that they could do so.

I called the SS Administration who says that was not true, that they have nothing to do with my case unless I was obtaining SS benefits (I am not).

I called back Florida's Local DOR and they said that they would have someone call me back to explain (no one has).

No one has called me back. I would like to continue to pursue this as it keeps me on my toes and makes for some good practice and continued understanding of the way that things work.

My question is as follows:

1) Do you have any idea as to who may actually have the authority to "push" down the federal offset to the other parent?

2) Do you know of any other actions that I could take to get this offset pushed down?

A million thanks in advance SOC.

[socrateaser]

>My question is as follows:
>
>1) Do you have any idea as to who may actually have the
>authority to "push" down the federal offset to the other
>parent?

Yes. The IRS. No one else. Sending a waiver to FL DOR is meaningless. They aren't the federal government, and they don't have the tax money.

The IRS has the money, so for them to direct you elsewhere is nonsensical.

>
>2) Do you know of any other actions that I could take to get
>this offset pushed down?

By the time you get someone to fix this problem, the hold will have come off and the money transferrred.