Indiana - Oregon - Texas

[IcemanTX]

What is the name of your state (only U.S. law)? Texas

Indiana was original home state that entered paternity, custody, visitation and support (Oregon declined jurisdiction based on actions of mother). Support was paid for 2 years through the court clerk as required, at which time Oregon somehow obtained jurisdiction from Indiana even though I still resided there. Oregon modified 'parenting time'. Was told they'd be assuming jurisdiction on the support order. Kept calling both Indiana and Oregon to find out who I was to send support to as Indiana never set the withholding order to be active (i.e. it was left inactive for Child Support Enforcement purposes). After nearly 2 years of not getting an answer, nor Oregon taking any action, I gave up trying to figure out who I was to pay. I was unable to find the mother or child for nearly 14 years, mother decides to seek State assistance, including 'cash' help. Oregon immediately tries to enforce the child support order.

Indiana closes the case, as I no longer live there, mentioning arrearage owed. Texas then tries to enforce the the arrearage and original child support order for Oregon. I filed a protest. Texas is now trying to take jurisdiction over the matter. Is this even possible?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

Indiana was original home state that entered paternity, custody, visitation and support (Oregon declined jurisdiction based on actions of mother). Support was paid for 2 years through the court clerk as required, at which time Oregon somehow obtained jurisdiction from Indiana even though I still resided there. Oregon modified 'parenting time'. Was told they'd be assuming jurisdiction on the support order. Kept calling both Indiana and Oregon to find out who I was to send support to as Indiana never set the withholding order to be active (i.e. it was left inactive for Child Support Enforcement purposes). After nearly 2 years of not getting an answer, nor Oregon taking any action, I gave up trying to figure out who I was to pay. I was unable to find the mother or child for nearly 14 years, mother decides to seek State assistance, including 'cash' help. Oregon immediately tries to enforce the child support order.

Indiana closes the case, as I no longer live there, mentioning arrearage owed. Texas then tries to enforce the the arrearage and original child support order for Oregon. I filed a protest. Texas is now trying to take jurisdiction over the matter. Is this even possible?

You need an attorney, not an internet forum.

 

[single317dad]

What is the name of your state (only U.S. law)? Texas

Indiana was original home state that entered paternity, custody, visitation and support (Oregon declined jurisdiction based on actions of mother). Support was paid for 2 years through the court clerk as required, at which time Oregon somehow obtained jurisdiction from Indiana even though I still resided there. Oregon modified 'parenting time'. Was told they'd be assuming jurisdiction on the support order. Kept calling both Indiana and Oregon to find out who I was to send support to as Indiana never set the withholding order to be active (i.e. it was left inactive for Child Support Enforcement purposes). After nearly 2 years of not getting an answer, nor Oregon taking any action, I gave up trying to figure out who I was to pay. I was unable to find the mother or child for nearly 14 years, mother decides to seek State assistance, including 'cash' help. Oregon immediately tries to enforce the child support order.

Indiana closes the case, as I no longer live there, mentioning arrearage owed. Texas then tries to enforce the the arrearage and original child support order for Oregon. I filed a protest. Texas is now trying to take jurisdiction over the matter. Is this even possible?

When the mother filed in Oregon (assuming that's the way it happened), were you served? If so, how did you respond? If not, why not? Had you kept your address current with the original court of record?

What did you do with the money intended for child support, in lieu of paying the support?

Is the child now an adult? (I assume so, as your timeline adds up to a minimum of 18 years). Was the child at least 18 when Mom filed for TANF?

As Zigner stated, you really need a lawyer if you intend to fight this. You've made a lot of mistakes, you owe a lot of money, and handling this yourself will likely end painfully for you.

As an aside, SoL on support seems to be 25 years per payment in Oregon, so you've got a long way to go for that. In Indiana, it's 10 years after the child turns 18 (or emancipated), and 20 years to collect on judgments.

 

[IcemanTX]

When the mother filed in Oregon (assuming that's the way it happened), were you served? If so, how did you respond? If not, why not? Had you kept your address current with the original court of record?

What did you do with the money intended for child support, in lieu of paying the support?

Is the child now an adult? (I assume so, as your timeline adds up to a minimum of 18 years). Was the child at least 18 when Mom filed for TANF?

As Zigner stated, you really need a lawyer if you intend to fight this. You've made a lot of mistakes, you owe a lot of money, and handling this yourself will likely end painfully for you.

As an aside, SoL on support seems to be 25 years per payment in Oregon, so you've got a long way to go for that. In Indiana, it's 10 years after the child turns 18 (or emancipated), and 20 years to collect on judgments.

I was served the paperwork from Oregon that she was seeking a modification to the parenting time but no hearing date had been set. I hired an attorney in Oregon, in that county to represent me. He filed with the court letting them know he was representing me. Before we could even get the case discussed we find out from him going to the courthouse a hearing had been scheduled. This is where the issues begin. The court had no record of a hearing notice being mailed to myself or him for this hearing. We asked the judge to postpone it, in writing. The judge denied it. We asked again for it to be postponed, it was also denied. We then asked for a reset on the case as there were some extremely 'weird' issues coming forth. That was denied as well. I was informed, as was Indiana, that she'd be moving the child support order to Oregon as well. This is where the lull in payments began, because, Indiana could not 'hold' the money until something happened. Oregon wasn't moving forward on it. Yes I kept my address current with the courthouse for nearly 5 years. The mother however did not. Nor has she to this date.

The mother then moved out of Oregon, married, moved back to Oregon, divorced. Remarried again. Divorced again. This where my issues are, I am being held accountable for her actions. I get slapped with 35k in arrearage... that neither state involved could tell me whom to pay. So she gets off scott free for purposely alienating me from my child and she gets rewarded with 35k of my money. She gets the child, the money, and I get a big FU. Yes he will be 18 in Feb '14. Indiana closed the case, without a judgement for the arrearage. They just mentioned it was 'owed'. Texas is trying to 'pick up' that arrearage...

 

[Proserpina]

I was served the paperwork from Oregon that she was seeking a modification to the parenting time but no hearing date had been set. I hired an attorney in Oregon, in that county to represent me. He filed with the court letting them know he was representing me. Before we could even get the case discussed we find out from him going to the courthouse a hearing had been scheduled. This is where the issues begin. The court had no record of a hearing notice being mailed to myself or him for this hearing. We asked the judge to postpone it, in writing. The judge denied it. We asked again for it to be postponed, it was also denied. We then asked for a reset on the case as there were some extremely 'weird' issues coming forth. That was denied as well. I was informed, as was Indiana, that she'd be moving the child support order to Oregon as well. This is where the lull in payments began, because, Indiana could not 'hold' the money until something happened. Oregon wasn't moving forward on it. Yes I kept my address current with the courthouse for nearly 5 years. The mother however did not. Nor has she to this date.

The mother then moved out of Oregon, married, moved back to Oregon, divorced. Remarried again. Divorced again. This where my issues are, I am being held accountable for her actions. I get slapped with 35k in arrearage... that neither state involved could tell me whom to pay. So she gets off scott free for purposely alienating me from my child and she gets rewarded with 35k of my money. She gets the child, the money, and I get a big FU. Yes he will be 18 in Feb '14. Indiana closed the case, without a judgement for the arrearage. They just mentioned it was 'owed'. Texas is trying to 'pick up' that arrearage...

With "lull in payments" can we assume that you didn't hold the monies aside each month until the matter was sorted out?

 

[IcemanTX]

With "lull in payments" can we assume that you didn't hold the monies aside each month until the matter was sorted out?

Actually the money orders were set aside in a filing cabinet for nearly two years ... every so often I'd have to cash them back in to obtain new ones (due to expiration dates). Funny, no one is addressing 'her wrongs' but making sure mine are mentioned over and over and over... I did everything I could to pay support, stay involved in my child's life, be a good father. There comes a time when a person just can't carry on beating the dead horse.

 

[Silverplum]

Actually the money orders were set aside in a filing cabinet for nearly two years ... every so often I'd have to cash them back in to obtain new ones (due to expiration dates). Funny, no one is addressing 'her wrongs' but making sure mine are mentioned over and over and over... I did everything I could to pay support, stay involved in my child's life, be a good father. There comes a time when a person just can't carry on beating the dead horse.

The advisors are talking with YOU. She's not here.

 

[SESmama]

Because you are here asking about CS. CS that wasn't paid to the CP. Do I think mom was right? No, but it doesn't change YOUR situation. You still owe the funds. CS and parenting time are 2 different animals in the eyes of the court.

 

[LdiJ]

Actually the money orders were set aside in a filing cabinet for nearly two years ... every so often I'd have to cash them back in to obtain new ones (due to expiration dates). Funny, no one is addressing 'her wrongs' but making sure mine are mentioned over and over and over... I did everything I could to pay support, stay involved in my child's life, be a good father. There comes a time when a person just can't carry on beating the dead horse.

Dad...here is the thing. The two issues are separate issues. You don't get a "pass" on the things that you did wrong just because mom did things wrong too.

Your problem is that its too late to punish mom for what she did wrong...but its not too late to punish you. Mom probably never would have gone after you for the support at all (since she didn't for such a long time) if the state hadn't forced her because she needed public assistance.

 

[IcemanTX]

Because you are here asking about CS. CS that wasn't paid to the CP. Do I think mom was right? No, but it doesn't change YOUR situation. You still owe the funds. CS and parenting time are 2 different animals in the eyes of the court.

Actually I am trying to figure out if Texas can even do what they are trying to do. 4 lawyers I have spoke with in Texas, have all shaken their head and said "way overly complicated issues" and split 50/50 on if it's legal for Texas to assume the jurisdiction in the support order and arrearage. Noted however that "it's the money" that everyone is asking about.

 

[IcemanTX]

Dad...here is the thing. The two issues are separate issues. You don't get a "pass" on the things that you did wrong just because mom did things wrong too.

Your problem is that its too late to punish mom for what she did wrong...but its not too late to punish you. Mom probably never would have gone after you for the support at all (since she didn't for such a long time) if the state hadn't forced her because she needed public assistance.

Ahhhh too late to punish mom. Funny how it's that huh. She waits until the time is almost up and 'poof' goes for welfare. Funny thing is, as soon as she got what she wanted from Oregon (ie them to get support) she 'somehow found a good paying job'. She has gamed the system for years, I know the woman. I watched her do it with her daughter's father, step by step by step.

Our son will soon be 18, and for the next 10-11 years she gets an extra income at my expense. My child .... however ... has a father he doesn't know. Fair? Balanaced? Legal? Moral?

 

[Proserpina]

Ahhhh too late to punish mom. Funny how it's that huh. She waits until the time is almost up and 'poof' goes for welfare. Funny thing is, as soon as she got what she wanted from Oregon (ie them to get support) she 'somehow found a good paying job'. She has gamed the system for years, I know the woman. I watched her do it with her daughter's father, step by step by step.

Our son will soon be 18, and for the next 10-11 years she gets an extra income at my expense. My child .... however ... has a father he doesn't know. Fair? Balanaced? Legal? Moral?

Moral and fair don't count.

Legal? Well, there were options available to you. Is it "right" to get screwed out of visitation? No, of course it's not right. But it's not actionable until and unless someone raises enough of a fuss to make the court take notice.

If you owe the State, the chances of getting arrears waived is nil, which you probably know by now anyway. The only question is really who gets the arrears.

 

[IcemanTX]

Moral and fair don't count.

Legal? Well, there were options available to you. Is it "right" to get screwed out of visitation? No, of course it's not right. But it's not actionable until and unless someone raises enough of a fuss to make the court take notice.

If you owe the State, the chances of getting arrears waived is nil, which you probably know by now anyway. The only question is really who gets the arrears.

Again. Indiana closed the case in April this year. Indiana never tried to enforce the order, ever. Indiana had no clue where she was and was waiting for Oregon to do something. Myself and Indiana were both put into a holding pattern waiting... and waiting ... and waiting. Nothing. Notta. Arrearage is mentioned with a dollar amount, but no judgement. Texas is now trying to pick up that arrearage as if Texas was owed the money. Oregon paid her welfare benefits for a grand total of like 7 months.

 

[Proserpina]

Again. Indiana closed the case in April this year. Indiana never tried to enforce the order, ever. Indiana had no clue where she was and was waiting for Oregon to do something. Myself and Indiana were both put into a holding pattern waiting... and waiting ... and waiting. Nothing. Notta. Arrearage is mentioned with a dollar amount, but no judgement. Texas is now trying to pick up that arrearage as if Texas was owed the money. Oregon paid her welfare benefits for a grand total of like 7 months.

Actually, it sounds like Texas is doing nothing more than trying to collect on behalf of the other State/s.

 

[IcemanTX]

Actually, it sounds like Texas is doing nothing more than trying to collect on behalf of the other State/s.

Oregon CSE Person's exact statement (a supervisor no less): Sir, we actually have no desire to pursue this matter, but legally, we have to because she filed the paperwork. Our lawyer (for their AG's office) reviewed your case and found several very troubling problems. We as the State of Oregon will not pursue this any further if Texas drops this.

This is what I get. The Texas CSE office has no desire to pursue it either. But they said the same thing, they have to.

-shrugs- this just makes me more and more frustrated every turn.