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Weird Situation. I Need To Know What To Do. Please Help!

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wvgal

Junior Member
What is the name of your state? West Virginia

The State Of WV has just placed a hold on my checking account. They are saying that I owe back child support for my now 28 year-old daughter. Here's the catch. I absolutely do NOT owe any child support, because I have always had custody of my daughter and provided ALL her support, with the exception of the little bit of support that I received every month from her father (my ex).

I received my first collection notice years ago, while my daughter was still a minor. I noticed that they were from the State Of WV, but also had my own mother's name on it. I asked my mother (because she was ill and receiving a medicaid card) if she knew why I had received a collection notice for child support from the state on her behalf. She informed me that it must be some sort of mistake and she would straighten it out. I also followed up the collection notice myself and wrote a letter to the state, stating that I had custody of my daughter and that my ex was paying ME child support.

After not hearing from them for years, I received a notice to appear in court back in 1997 when my daughter was 18. Again, my mother told me that there was some kind of mistake and she would see what was going on. I made the mistake of not appearing in court (thinking it was all a big misunderstanding and would be quickly resolved) and judgement was made against me. I would randomly receive notices from them and no matter how many times I called or sent letters, they could not grasp that I had custody of my daughter ALWAYS.

It has been a nightmare. I received another request to appear in court in April 2006 and decided to go and hopefully put an end to this once and for all. Unfortunately, my mother is now deceased. My daughter went to court with me and was prepared to give her statement of how she was always in my care and I took proof with me of her school records showing me as guardian, child support payments that I had received from my ex, etc. My daughter was never called in to speak and I was allowed to speak briefly, before the Judge said the case was dimissed. I later received the court order that stated that it was dismissed and that no reimbursements were to be made.

Now, nearly 1 year later, they have frozen my checking account I have been on the phone all day with these people and still can't get them to understand. I mentioned to them that the court order stated that the case was dismissed and that no reimbursements to the state were to be made by me. They informed me that I didn't understand the court order and that the case was only dismissed against my mother (deceased). I then went on to explain how my mother never had custody of my daughter and how my daughter never spent more than a night or two with her. I still couldn't seem to get this through to them.

It appears that my mother had received welfare benefits and stated that my daughter was in her care in order to receive a medicaid card and food stamps. She had never revealed this to me and I only found this out recently. :eek:

What do I do? How do I get the freeze removed from my account? I have only $3,000 in my checking and it's all the money that I have in the world. I now have an 11 year- old and have to pay cash for her medication and can't get it for her because of this. I am so frustrated. Please tell me what to do to end this nightmare. Thank you.
 
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M

Mediate

Guest
What is the name of your state? West Virginia

The State Of WV has just placed a hold on my checking account. They are saying that I owe back child support for my now 28 year-old daughter. Here's the catch. I absolutely do NOT owe any child support, because I have always had custody of my daughter and provided ALL her support, with the exception of the little bit of support that I received every month from her father (my ex).

I received my first collection notice years ago, while my daughter was still a minor. I noticed that they were from the State Of WV, but also had my own mother's name on it. I asked my mother (because she was ill and receiving a medicaid card) if she knew why I had received a collection notice for child support from the state on her behalf. She informed me that it must be some sort of mistake and she would straighten it out. I also followed up the collection notice myself and wrote a letter to the state, stating that I had custody of my daughter and that my ex was paying ME child support.

After not hearing from them for years, I received a notice to appear in court back in 1997 when my daughter was 18. Again, my mother told me that there was some kind of mistake and she would see what was going on. I made the mistake of not appearing in court (thinking it was all a big misunderstanding and would be quickly resolved) and judgement was made against me. I would randomly receive notices from them and no matter how many times I called or sent letters, they could not grasp that I had custody of my daughter ALWAYS.

It has been a nightmare. I received another request to appear in court in April 2006 and decided to go and hopefully put an end to this once and for all. Unfortunately, my mother is now deceased. :eek: My daughter went to court with me and was prepared to give her statement of how she was always in my care and I took proof with me of her school records showing me as guardian, child support payments that I had received from my ex, etc. My daughter was never called in to speak and I was allowed to speak briefly, before the Judge said the case was dimissed. I later received the court order that stated that it was dismissed and that no reimbursements were to be made.

Now, nearly 1 year later, they have frozen my checking account I have been on the phone all day with these people and still can't get them to understand. I mentioned to them that the court order stated that the case was dismissed and that no reimbursements to the state were to be made by me. They informed me that I didn't understand the court order and that the case was only dismissed against my mother (deceased). I then went on to explain how my mother never had custody of my daughter and how my daughter never spent more than a night or two with her. I still couldn't seem to get this through to them.

It appears that my mother had received welfare benefits and stated that my daughter was in her care in order to receive a medicaid card and food stamps. She had never revealed this to me and I only found this out recently. :eek:

What do I do? How do I get the freeze removed from my account? I have only $3,000 in my checking and it's all the money that I have in the world. I now have an 11 year- old and have to pay cash for her medication and can't get it for her because of this. I am so frustrated. Please tell me what to do to end this nightmare. Thank you.
You really need to consult some attorneys ASAP.
 

nextwife

Senior Member
Take your copy of the dismissal and get on the phone to WV CSE. The action on which they are basing their seizure was dismissed.

Someone didn't do their homework. While you may ultimately need an attorney, you have been to court already, and you have had a judge dismiss - so I'd FIRST try contacting the WV CSE, and get a name and person to whom you can fax the court record copies. Odds are they changed computer systems or staff, and this case got resurrected, without someone being aware that the courts had dismissed, and that it was established in court that you have always had custody and that the benefits the state paid to a third party were not YOUR responsibility, nor did the child recieve those benefits.

It's pretty ridiculous that a parent has to keep defending themselves from financial loss due to the actions of third parties who never had any legal custody or rights to access any benefits on behalf of the child.
 
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wvgal

Junior Member
Thank You

I appreciate the advice that you both gave. Today, I did fax a copy of the dismissal order to the bureau. I am waiting to hear back. Before I faxed a copy, they had told me on the phone that I have misunderstood the dismissal order and that nothing has been dismissed against me, but instead was dismissed against my mother. I find it weird that anything would be dismissed against my mom, since she is deceased and nothing was ever brought against her. The dismissal reads that no reimbursement payments are to be made by me, wvgal.

I wonder if it would help if I contacted the Judge that had ordered the dismissal? If I can't get this resolved by Monday, I will probably contact an attorney. I wonder if they, the bureau would be responsible for reimbursing me for attorney fees? Thanks in advance.
 

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