Courts keep hearing case they don't have.

[Ohiogal]

I don't believe that SSDI can be garnished. (I am not 100% certain however). If your child is still of child support age however, your child will receive a child's benefit. You have to apply for it.

SSI cannot be garnished. SSDI can be.

 

[45Frank]

You need to find that paperwork.

Yesterday.

And then you need to tell us exactly what it says.

I finally found the letter it states.

NJ law states that terminating parental rights does not terminate child support, but rather only emancipation or adoption would terminate child support.
Monmouth County Div. of Social Services for D.M. v. G.D.M., 308 N.J.Super. 83 (Ch.Civ1997)("as a general rule, a parent is obligated to contribute to the basic support needs of an unemancipated child to the extent of the parents financial ability irrespective of the quality of the relationship between them.") and other cases are listed. Then it says child support shall continue unless and until the court specifically orders otherwise, based upon the principles established in the case law noted above.

Sorry it so long to find but I have been ill.

 

[45Frank]

OK if my ex put this much work into a job she would be a Billionaire!
Reside in NC Case in NJ
I have been getting calls from NJ child support, I receive CS for my one child of less then $20.00 per week. The ex smokes more then that in cigarettes in a day.
Anyway I have been getting calls for weeks now demanding I answer my phone, I finally got thru with an 800 number. IN NJ I was just informed there are no direct numbers to contact your case worker. Really? Yes it was explained to me that's just the way it is. They call from blocked numbers so my phone sends it right to voice mail or terminates the call, I also live on the side of a mountain and basically only get service in and around my house. I was informed by the person who answers the phone that if I want to talk to case worker I must be able to get calls from blocked or restricted numbers between 8:30 and 4:30. I was also informed they are going to stop my CS and may be asking for money to be returned unless issues are cleared up that only the case worker can talk to me about. Personally I don't care about the money but my daughter saves every penny in her college fund. so it's hers really anyway. I am concerned about what she means by paying back though, the arrears have been paid off by garnishments from the IRS which have already taken money from me once because she used my kids as a tax deduction and also received EIC.
As a side note I have sent letters to NJ to stop CS, I have went to court to get it stopped and they refuse. My ex did give up PR years ago here in NC but NJ says that doesn't matter CS still is owed by non-custodial parents.
Will this ever end?!?!?!?!?
Is there any other state where you can't contact a case worker?

 

[Isis1]

OK if my ex put this much work into a job she would be a Billionaire!
Reside in NC Case in NJ
I have been getting calls from NJ child support, I receive CS for my one child of less then $20.00 per week. The ex smokes more then that in cigarettes in a day.
Anyway I have been getting calls for weeks now demanding I answer my phone, I finally got thru with an 800 number. IN NJ I was just informed there are no direct numbers to contact your case worker. Really? Yes it was explained to me that's just the way it is. They call from blocked numbers so my phone sends it right to voice mail or terminates the call, I also live on the side of a mountain and basically only get service in and around my house. I was informed by the person who answers the phone that if I want to talk to case worker I must be able to get calls from blocked or restricted numbers between 8:30 and 4:30. I was also informed they are going to stop my CS and may be asking for money to be returned unless issues are cleared up that only the case worker can talk to me about. Personally I don't care about the money but my daughter saves every penny in her college fund. so it's hers really anyway. I am concerned about what she means by paying back though, the arrears have been paid off by garnishments from the IRS which have already taken money from me once because she used my kids as a tax deduction and also received EIC.
As a side note I have sent letters to NJ to stop CS, I have went to court to get it stopped and they refuse. My ex did give up PR years ago here in NC but NJ says that doesn't matter CS still is owed by non-custodial parents.
Will this ever end?!?!?!?!?
Is there any other state where you can't contact a case worker?

i'm sorry, but this is way past a phone call. has been for years. this is a "walk into an office and speak directly to a supervisor" and file a motion compelling a full audit" type of situation.

 

[45Frank]

i'm sorry, but this is way past a phone call. has been for years. this is a "walk into an office and speak directly to a supervisor" and file a motion compelling a full audit" type of situation.

I DID HAVE ATTORNEYS HANDLING THIS, one in NJ and one in NC. I am broke, no more money, nothing left, one son in college the other child getting ready, will graduate early from HS.
Not much choice now but ask for an audit. Got a letter in the mail from said CS office demanding the return of nearly $5,000.00 or further action will be taken. Yup the EX some how AGAIN had a hearing without me ever being notified. When a male has a hearing you must show green slip from PO, women nothing. I did call the NJ 800 number that just takes you to a generic person in Trenton I figure. After 35 minutes of button pushing I spoke to a real live person who I had to explain years of my ex being a con artist. She swore no way hearing was heard without prove of me getting notice, oh really, again said this case is in NC and they had no authority to hear it, oh really no kidding, also said the credit given to the ex for the money taking from the account from the IRS years ago has never been returned to me, no kidding.
All because of the INCOMPETENCE of the state of NJ! She said she will TRY to get a supervisor to contact me ASAP, heard that before, nothing yet but yesterday was a holiday in NJ. She also was pretty adamant that the only was to reverse the decision by the hearing officer was to go to court AGAIN(real court). Been there done this and she gets YELLED at by the Judge yet continues to do this over and over again with no repercussions. As said I really don't want anything new in CS but was counting what she was still paying towards what the IRS took.

 

[45Frank]

OK well they had a hearing in NJ and I was never notified, strange ha. Anyway the ex filed papers here in NC court to collect the overpayment I don't owe. Finally had to go back to attorney he looked over the paperwork and giggled some and said just go in front of the magistrate and say this involves two states and show the NJ law. Did this and the first words out of her mouth was I shouldn't here this just as he said. Well the next sentence was well I'll here it as a contract case. Huhh
Well I did as was told by my attorney and they ruled in her favor saying something about NJ child support and NJ custody laws have nothing to do with contract law in NC.
Back to attorney and he laughed and said no kidding. He made a few calls to the court house and said yeah she had no authority to even hear the case and it will appealed to superior court as a child support case.
This women lies and manipulates courts in two states and three counties now. I wish she would just go away!

 

[stealth2]

I DID HAVE ATTORNEYS HANDLING THIS, one in NJ and one in NC.

OK well they had a hearing in NJ and I was never notified, strange ha. Anyway the ex filed papers here in NC court to collect the overpayment I don't owe. Finally had to go back to attorney he looked over the paperwork and giggled some and said just go in front of the magistrate and say this involves two states and show the NJ law. Did this and the first words out of her mouth was I shouldn't here this just as he said. Well the next sentence was well I'll here it as a contract case. Huhh
Well I did as was told by my attorney and they ruled in her favor saying something about NJ child support and NJ custody laws have nothing to do with contract law in NC.
Back to attorney and he laughed and said no kidding. He made a few calls to the court house and said yeah she had no authority to even hear the case and it will appealed to superior court as a child support case.
This women lies and manipulates courts in two states and three counties now. I wish she would just go away!

Which lawyer did you go back to (post #2)?

 

[45Frank]

Which lawyer did you go back to (post #2)?

Here in NC since this is where she filed court action and it was the court we had to go to. He did contact my NJ attorney a while back to confirm the law in NJ. My NJ attorney even sent a letter showing NJ law as well as case history\law. Which ia the letter I showed to the judge.

 

[45Frank]

This gets even better, my attorney here in NC contacted courts in NJ because even though we have copies of orders he needs true and certified copies for court here. So off went a letter since this must be done thru the mail, then they call and tell ya how much you pay and they send them. He also asked for copies of the motions.
He calls me and asks about who she knows in the courts because I had mentioned once before she had two relatives and they interfere endlessly. So I asked why? It appears this last order signed by the judge just in Oct. there is no record of a MOTION, they have nothing in writing, it seems as though the ORDER just appeared. He went as far as having my attorney in NJ contact the courts and he was told that sometimes the Judge finds open cases(which this wasn't) and just rules on them. He and my attorney now are contemplating whether I should (NJ Attorney) attempt to have the order vacated in NJ or just fight the order here in NC.
I do have a court order dating back ten years where another judge mentions her relative and tells her to keep her nose out of business. I took that and went all the way to the governors office with letters but never got anything but form letters back.
Who says union jobs don't pay!!!!!

 

[45Frank]

Nearly passed out this week. Got a call finally from NJ court with price of sending copies here to NC. Ready sit down now. $25.00 per PAGE, I asked her how in the heck this is justified, well I was lectured on if I have a problem contact the state.
Anyway they are sending the orders but with no motion for the last hearing. I asked her if she could put in writing that no order was found and I was told she would have to contact Trenton because that's where the records came from. Also the motion number that is the same on every motion or order I have ever received from the court was different on the last order. This is why it has taken so long to find, the people on the order number I have never heard of.
I am hoping that her relatives messing with stuff will soon come back and bite them all in the Rump.

 

[Just Blue]

Nearly passed out this week. Got a call finally from NJ court with price of sending copies here to NC. Ready sit down now. $25.00 per PAGE, I asked her how in the heck this is justified, well I was lectured on if I have a problem contact the state.
Anyway they are sending the orders but with no motion for the last hearing. I asked her if she could put in writing that no order was found and I was told she would have to contact Trenton because that's where the records came from. Also the motion number that is the same on every motion or order I have ever received from the court was different on the last order. This is why it has taken so long to find, the people on the order number I have never heard of.
I am hoping that her relatives messing with stuff will soon come back and bite them all in the Rump.

The price sounds about right to me...Shocking...but right.

 

[45Frank]

The price sounds about right to me...Shocking...but right.

Well went to court again and the case was heard by arbitrator not a Judge, I was told here in NC you have to go to this here Court before the County Judge.
It was short and sweet. She blabbed to the Lawyer up on the bench and was told to be quiet several times. Again she was caught in a lie stating she never received a thing from my Attorney even after the Arbitrator asked her to verify her address, then if it was her signature on the green card and she said yes, the arbitrator then said then how didn't you get this? She stuttered and said well maybe I did. Isn't this perjury?
She admitted during my attorney's questioning to owing 20,000 plus as of the date she wants to be reimbursed for(This number has changed every time in court). When she did this my attorney asked the case to be dismissed and it was. She slammed things down and started a cursing barrage about this woman not being a real judge and would just refile again and her husband was escorted out due to his potty mouth.
Let's see how long it takes for her to refile!

 

[cheesecake46580]

I don't believe that SSDI can be garnished. (I am not 100% certain however). If your child is still of child support age however, your child will receive a child's benefit. You have to apply for it.

Yes you have to file for the payee benefit also if mom had a felony and trys to be the payee they will shoot her down you can not be a payee with a felony. Also from what I understand you can't garnish SSI or ssd

 

[I'mTheFather]

Yes you have to file for the payee benefit also if mom had a felony and trys to be the payee they will shoot her down you can not be a payee with a felony. Also from what I understand you can't garnish SSI or ssd

If you'd read all the posts, you'd see that the attorney posting to the thread disagrees:

SSI cannot be garnished. SSDI can be.

Besides, that information is easily found with a quick google search, so I don't understand why anyone would provide advice about it with the qualifiers, "from what I understand" or "I'm not 100% certain".

 

[45Frank]

One other thing real fast. My attorney and I did talk of filing harassment charges and/or suing her for a large sum of money. I need her to go away!!!!!!!!! Restraining order is useless. He will be doing research about the law in the state she now lives in. We just learned the house she lives in is in her husbands name only but it was bought years after they were married. He is checking to see if it a mutual property state, otherwise she has nothing. She has cost me THOUSANDS of dollars and has never really won an outcome. Most every time she has taking me to court there was a second, third and fourth time just like above. Six times for money she doesn't have coming. Suing me for half the marital home six years after it was settled. Been in court 15-20 times maybe I don't remember exactly and all frivolous.
My thought is if we file a Million dollar law suit maybe she will go away. They definitely wouldn't be able to afford an attorney since they haven't used one yet.
What forum would I post this in?
Thank you and have a wonderful day.