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  1. #1
    MindyT Guest

    Child Support in 2 states???

    What is the name of your state? Florida
    Ok, here is one that we really need help with....my husband's ex-girlfriend now lives in Texas with his daughter, since July 2002. They had a personal agreement about child support, no court order etc., and he's paid her directly since the case was closed in January 2001, and he has receipts for this. It was recently ordered that he make payments through the State Disbursement Unit here in our county, of the regular amount he has been paying her, $40 per week. This was done because she had been saying she didn't recieve payments, etc., even though they were sent to her certified mail. So the judge did it this way I assume to resolve conflict and so there will be a definite way to tell she recieved it. NOW though, he has recieved letters from the Attorney General in TX, child support division, saying that he is in arrears of $7500 and that he is to send THEM payments of $40 per week, I guess on top of what he pays now!! What can he do? He can't send payments to 2 places, and what we think is that she hasn't told them that there is an active payment plan here already. And how they came up with that amount of "arrears" is beyond me. Based on what he pays that equals to 3 1/2 years of not paying child support, which is not the case. He sent a letter to them about 2 weeks ago explaining all this, and then the other day he gets these "payment coupon" things from them for $40 per week, plus stating the arrears amount, saying that until it is PAYROLL DEDUCTED he is to make the payments himself! He PAYS like he has been told to do, and can't understand what is going on. Can she get it in 2 states like that? What should he do first? He has even sent them a copy of the order that was done and he got these things 2 weeks later. Any advice? What if they send an IDO to his employer? By law they have to abide, correct? There has been some harrassment like this from her since she moved. He just needs a tip on where to go first.
  2. #2
    Grace_Adler is offline Senior Member
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    I hate to tell you this, but I really think you need an attorney to straighten this mess out. I think you're going to have a really hard time trying to do it alone.
  3. #3
    jez51 Guest
    Your husband needs to call Tx personally and give them all the info for your state that you are paying to now. If they give him a hard time about it, get an attorney fast.
  4. #4
    Cookie97128 is offline Member
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    Contact YOUR state. Tell them what's up, let them contact TEXAS. They will inform them of any orders and payments and such.

    The ex g/f must have signed something saying she's not gotten any money for three years in order for that amount to show up as arrears. You must file paperwork for the state to assess the arrears like that.
    I know, i'm doing it now. I must fill out paperwork for monies recieved for the last three years to establish arrears. And, the other party may fight and prove payments were made. This is where YOUR state will step in and provide that proof. And if you prove that the payments WERE made, she could be charged with filing a false claim with support enforcement.

    Have you talked with the ex g/f? What are her comments on this issue?

    Good Luck...
  5. #5
    MindyT Guest

    Unhappy Thanks

    The sad thing is; I think they HAVE, or have seen, the information; I know he sent them the copy of the order to pay through the depository, and gave them all the information he could think of for them to find out about it; Florida case number, who to contact to verify that he has been paying support, etc. It's just unfathomable how she can go to the child support office there and file for support and KNOW that she is already getting support. And even more unbelievable is that they didn't check into the matter and just bought whatever line of bull she's fed them. All this woman cares about is his money; not that he has a relationship with their daughter (obviously; she moved to Texas without notifying anyone, the courts included, until AFTER she moved); and in some papers she recently filed here in Leon County for a modification of child support, etc., stated that all she wants is to recieve her child support and be left alone. That speaks volumes about the type of person she is. He's looking into getting an attorney, but will have to be through legal aid because we SURE can't afford one. Should he send a copy of these items from Texas to the judge that ruled for him to pay here? Should he send the office in TX a copy of the papers that SHE filed for a modification? There are just so many questions surrounding this. They have done no sort of financial affadavits on him or contacted him in any way before all this was done; now they've come up with this amount based on WHAT? It's something all the time with this woman, I'm telling you. Any more advice will sure help, and thanks so much to both of you.
  6. #6
    MindyT Guest

    Cookie97128....

    Sorry, i missed your reply! He asked her about this and she said she didn't have anything to do with it!!! And when the judgement was made for him to pay through the disbursement unit, where it says arrears, the line is blank. There ARE none, and at the time they had filed for it to be paid through them, they also filed for some $4000 in arrears which apparently was thrown out because the only ruling made was on it being paid through the dep. So something is up. Even if he had NOT paid in 3 years, there was no court order, which he and she both were told relieved him of any LEGAL obligation to pay her, but that is not the case here. I'm just aying even if he had not, he had no binding legal obligation to pay. He did it because he was supposed to. Thanks for your advice also.
  7. #7
    MindyT Guest
    Um, please, any advice??? (So far so good but I need a bit more help here!!)
  8. #8
    Cookie97128 is offline Member
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    1. Contact YOUR state.

    2. Tell them of the order you got from Texas.

    3. Make copies, send them to YOUR state.

    4. Obtain a CERTIFIED COPY of your current order.

    5. Send it to Texas, the address is on the paperwork they sent to you.

    6. Wait one week, call both agencies and do the follow-up work.



    Good Luck...

    edit...
    7. Print this page for future referance... LOL
  9. #9
    MindyT Guest
    Thanks, that sounds like a plan!! I had something like that in mind, you just put it in writing . I'm also going to send Texas a copy of the motion she JUST filed for modification of child support HERE. If that doesn't get her crooked a** busted then I don't know what will.
  10. #10
    MindyT Guest
    Another important question related to this.....the payment coupons he got from TX say that Until his employer begins withholding he is to make the payments himself. Now if they get an IDO, don't they have to honor it by law?? How can he put a stop to THAT since he is already paying? (I mean like if they get it RIGHT NOW before he can get it into court or something). How can a state establsih any regular amount OR arrears without first having some type of hearing? His support is not ordered through DOR or any agency like that; the only thing he has actually been ordered to do is pay through our depository here, but he has still been ordered to pay, regardless. The attorney general's office in Texas is being stubborn about this. He sent them a letter two weeks ago when he got the FIRST one saying he was $13,000 in arrears. Then the other day he gets this stuff; they just aren't understanding. The case has always been handled here in Leon County, and she has even filed HERE for a modification, a month ago. The arrears she filed for in August were never granted, so isn't that like TX trying to overrule a judge's decision by stating there is arrears? So when you say, Cookie, "your state", do you mean like the courts here or what? Since DOR is not involved with this case they wouldn't do anything (he's already been there). IAAL's advice would be great right now......
  11. #11
    Cookie97128 is offline Member
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    Originally posted by MindyT
    Another important question related to this.....the payment coupons he got from TX say that Until his employer begins withholding he is to make the payments himself. Now if they get an IDO, don't they have to honor it by law?? How can he put a stop to THAT since he is already paying? (I mean like if they get it RIGHT NOW before he can get it into court or something). How can a state establsih any regular amount OR arrears without first having some type of hearing? His support is not ordered through DOR or any agency like that; the only thing he has actually been ordered to do is pay through our depository here, but he has still been ordered to pay, regardless. The attorney general's office in Texas is being stubborn about this. He sent them a letter two weeks ago when he got the FIRST one saying he was $13,000 in arrears. Then the other day he gets this stuff; they just aren't understanding. The case has always been handled here in Leon County, and she has even filed HERE for a modification, a month ago. The arrears she filed for in August were never granted, so isn't that like TX trying to overrule a judge's decision by stating there is arrears? So when you say, Cookie, "your state", do you mean like the courts here or what? Since DOR is not involved with this case they wouldn't do anything (he's already been there). IAAL's advice would be great right now......

    YOUR STATE = the state in which you live. Sorry for the confussion.

    Okay, WHO, or which agency "ordered" your husband to "pay through the depository"?
    Is it an actual order? Like through Child Support Enforcement? There must be paperwork saying that he must do this.

    YOUR husband NEEDS to go to the LOCAL Child Support Office, in your state, in your county, FIRST THING MONDAY MORNING.
    Be prepared with all the paperwork you have from the state you live in; also have the paperwork TEXAS sent to you... ALL OF IT.
    Ask to see a supervisor. They are the ones that can straighten out this mess.
    They should be contacting Texas, and notifying them of the order you have. All states must work together to accomplish the same task, collecting support.
    What it sounds like is that she's on some kind of aide, and in order for her to get this Texas must be involved in the support issues. Once they get all the info, the money you pay through the depository will then be forwarded to Texas CSE and that in turn, depending on there policies of welfare, MOM will get $50 if she receives aide or nothing or even all of it. Those options depend on her situation. And of course, that doesn't really matter.

    I will put this simply,

    1. GO to your local state, county office. This is where you are paying the support to. Usually called Child Support Services / Enforcement/ Office.

    2. Take ALL the paperwork with you. From BOTH states.

    3. Ask them to make copies for their records, you keep the originals. If they insisit on keeping the originals, make sure you get copies. Very important.

    4. Keep in a safe place. Three ring binder is best. It's okay to hole punch most documents, but put the original orders in those report covers. Two pages per sheet is best. ORGANIZATION. LOL

    5. Obtain a CERTIFIED COPY of your current order. Keep in a safe place.

    6. Make sure to tell them of the wage withholding problems. You don't want to get hit twice.

    7. Wait one week, call your local agency and do the follow-up work.

    Keep us up to date...
    Best of luck...
  12. #12
    MindyT Guest
    Thanks....the way his support is done is, he was paying her directly through US certified mail, money order. He got certified mail receipts every time. She then began saying that she wasn't getting child support so she filed some sort of motion to have him pay through the disbursement unit here in our county in FL. The judge is who granted the order so now he is to pay it through them (instead of sending it to her directly), and THEY send it to her. DOR is not involved at all and there is no IDO or anything like that. The order simply states that he is to send it to the disbursement unit and not directly to her. They send it to her when THEY recieve it. DOR was involved in this case from 1995 to 2001, when SHE requested it be terminated through them at the court date. The judge granted it and since then there has been no legal case, it's just been between them. She was tired of them not sending it when she wanted it, etc., so she wanted it from him directly; that was why she dropped it. Now this. Whether it's through DOR or not, he is ordered to send it here, not TX. This county and state has jurisdiction over the case since this is where it was originally began. Correct?
  13. #13
    MindyT Guest
    P.S. He has GONE to child support enforcement but they can't help him because they aren't involved in the case. They told him to go to the clerk of courts since that's where the payments are made. And yes, there is actually a piece of paper, and order from the judge with his signature on it, directing him to send it to the disbursement unit. We have a copy.
  14. #14
    Cookie97128 is offline Member
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    If there is a paper that the judge signed, then that is now an order. Even if all parties asked that the state get out of it, that order still stands.

    Ask Support Enforcement to reopen the case in your county. Have all the paperwork with you for faster service. Best to have certified copies.
  15. #15
    MindyT Guest

    Been there too, Cookie

    Actually, the ex in question already tried to reopen it through CSE and since they had told her back in 2001 when she dropped it that they would not pick it back up, they won't. My husband asked them about it also and they won't do it. SO the order that the judge signed may not be through CSE but it's still a valid support order (at least of some kind), right? It still cannot be overridden by the state of Texas? That in turn is what she AND the state of Texas seem to have in mind, is to say to hell with what has already been ordered, WE'RE taking over. I don't see how that can happen but they just don't seem to get it, that there is ALREADY a payment plan in action. They just want theirs. I wonder how the judge would like to see these things my husband has been getting from TX basically saying that his judgment doesn't matter. Hmmm, maybe he'll get something across his desk pretty soon**************

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