Being Properly Served For Child Support Enforcement ?

[IV-D_Termination_Inc]

I live in Oklahoma...

I have a Process of Service issue in regards for my Title IV-D Child Support Enforcement and Lien Order.

Out of 3 agencies who are supposed to be in possession of this notarized Affidavit of Service for this Order, The Office of Administrative Hearings (OAH) is the only agency who has possession of it. Not the Child Support Agency nor the County Court Clerk has this document on file or in their possession...they both have verified this to me.

OAH Court Clerk read to me, over the phone, what the Affidavit of Service said...

She said "I was served in person, on August 2nd, 2012, at the following address...1732 Southwest Boulevard"... Which is an office building, not a residential home...not to mention a building I have never been to before.

The building is also the home of 13 years to a Private Process Server company.

So I gave them a call on February 1st, 2021 to inquire about being served on their property in person.

She took my name, searched her system records, and asked me about the Affidavit of Service for the Paternity testing in 2011, and I told her no, I was looking for the affidavit of service dated in 2012, which came after paternity establishment.

She told me she was not seeing that Affidavit of Service for 2012 and that maybe it was in her "older system" and she would have to take my number and call me back...

She called me back and said they called my grandparents and informed them they were looking for me and my grandparents said they would pass on the message on to me...

Said I called them on 8/1/2012 and agreed to meet up with them at their office to pick up the papers...

The problem is, I don't remember any of this and I have a great memory. Another weird statement she made was that she has information filed with me for a service of process executed in 2011 in her current records but had to search her old system found pieces of the service of process in 2012...

I think someone is committing fraud and I was never served...

 

[Zigner]

Thank you for sharing. When you have a question, please feel free to ask it

It's a bit late to contest your claimed lack of service, especially considering that your best defense is "... I don't remember any of this and I have a great memory."

 

[IV-D_Termination_Inc]

Well I know fraud has no statute of limitations... By federal and my state regulations...

That isn't the best defense I have either, I'm trying to post pictures of the documents I have, but can't figure out how to upload them to this post ...

They have no Affidavit of Service for this Service of Process claim...

 

[Zigner]

You don't need to post pictures of the documents. You need to see an attorney.

 

[Taxing Matters]

Well I know fraud has no statute of limitations... By federal and my state regulations...

Well, in some instances there is no statute of limitations when there is fraud. But in others, there is. Just to use one example, there is no SOL for the IRS to assess additional tax for you if you committed fraud on your tax return. However, the federal government only has 6 years to file criminal tax fraud charges against you.

But before we get into that, though, why is this coming up now? How long have you known about the child support order and have you been paying that child support?

 

[IV-D_Termination_Inc]

You don't need to post pictures of the documents. You need to see an attorney.

True, I believe that... But I cant afford an attorney and considering representing myself...

Because the default order is over 30 days old, I have to Petition to Vacate the Default Judgment, rather than Motion for it...within 30 days, you Motion rather than Petition.

 

[Zigner]

True, I believe that... But I cant afford an attorney and considering representing myself...

Because the default order is over 30 days old, I have to Petition to Vacate the Default Judgment, rather than Motion for it...within 30 days, you Motion rather than Petition.

Have you been paying the support, as ordered, since the judgment was entered?

 

[IV-D_Termination_Inc]

Have you been paying the support, as ordered, since the judgment was entered?

I made one $500 payment willingly after being threatened with jail time, issued bench warrants, received contempt citation, purged it under duress while incarcerated, spent 6 months in jail...

Very first time I ever went in front of a judge was after a contempt citation failure to appear bench warrant I was picked up on... I wasn't even served for the Contempt Citation Hearing, which resulted in the FTA bench warrant...

The ALJ who signed my Default Order is best friends with my ex's mother, they both worked at the child support together and planned to put me on Child Support a year before I was even served for the Paternity Test... Putting me on Child Support was retaliation for reporting her to Adult Protective Services and the SSA for taking advantage of her disabled daughter...

I have a phone recording of her admitting this.

 

[Zigner]

I made one $500 payment willingly after being threatened with jail time, issued bench warrants, received contempt citation, purged it under duress while incarcerated, spent 6 months in jail...

Very first time I ever went in front of a judge was after a contempt citation failure to appear bench warrant I was picked up on... I wasn't even served for the Contempt Citation Hearing, which resulted in the FTA bench warrant...

The ALJ who signed my Default Order is best friends with my ex's mother, they both worked at the child support together and planned to put me on Child Support a year before I was even served for the Paternity Test... Putting me on Child Support was retaliation for reporting her to Adult Protective Services and the SSA for taking advantage of her disabled daughter...

I reported your post due to the link - it will be restored after admin reviews it.

Having said that - it's clear that you knew about the action LONG ago. If you wish to have any hope (not that I think you do) of having the default vacated, you will need an attorney.

 

[IV-D_Termination_Inc]

I didn't know of the action until I was arrested for the FTA to Contempt Citation, never notified of the Enforcement Order defaulted against me that gave them power to do any of this ...

I didn't know about the fraud fully until about 6 months ago, after legal research and looking at my case docket and documents ...

What kind of lawyer would I need to talk to ?

 

[adjusterjack]

What kind of lawyer would I need to talk to ?

Forget it. Use that money to pay your child support. Reality check. You aren't getting out from under it no matter what you do.

 

[IV-D_Termination_Inc]

The “discovery rule” is an exception to the statute of limitations that extends the deadline for filing a case based on the time it took to discover your injury, condition, or damages, or the time it took to reveal the misconduct or bad acts that give rise to your suit.

The Discovery Rule gives me hope .... "time it took to reveal the misconduct or bad acts that give rise to your suit."

 

[IV-D_Termination_Inc]

Forget it. Use that money to pay your child support. Reality check. You aren't getting out from under it no matter what you do.

No, my child support payments don't go to support my child, my payments are owed to the state...

Blessings vs Freestone

 

[IV-D_Termination_Inc]

No, my child support payments don't go to support my child, my payments are owed to the state...

Blessings vs Freestone

On top of that I was not served, "discovered" this fraud and misconduct just last week, statue of limitations start NOW...

Reality Check... Child Support is no different than any other civil procedure...

 

[Just Blue]

On top of that I was not served, "discovered" this fraud and misconduct just last week, statue of limitations start NOW...

Reality Check... Child Support is no different than any other civil procedure...

I'm sorry if I missed it, but are you the child's biological father?