Confusing Docket Entry

[curious1974]

Hello, I live in Erie County, Pennsylvania. I pay child support for my son. He turned 18 in October, but does not graduate until May 2015. I was checking my case docket today and noticed a new entry that I do not understand:

1 11/06/2014 ORDER TO VACATE UNEMPLOYMENT COMPENSATION ATTACHMENT ENTERED

I am not on unemployment. I was back in 2010, but that was a long time ago. The prior entries to that one read:

2 07/15/2014 ORDERED EMPLOYER TO MODIFY INCOME ATTACHMENT
3 07/15/2014 ORDER OTHER PARTY TO MODIFY ATTACHMENT
4 07/15/2014 UNEMPLOYMENT COMPENSATION ATTACHMENT ORDER TO MODIFY ISSUED
5 07/15/2014 UNEMPLOYMENT COMPENSATION ATTACHMENT ORDER TO MODIFY ISSUED
6 07/09/2014 JUDGE SIGNS FINAL ORDER

I tried to google what "ORDER TO VACATE UNEMPLOYMENT COMPENSATION ATTACHMENT ENTERED: means, but all I found were other people asking the same exact question.

Has anyone on this board seen that docket entry before or have any idea what it is?

Thanks!

 

[justalayman]

it is obvious as to what it is; an order vacated a previous order of attachment of your unemployment benefits


Why it is currently being acted upon is something you will have to research. Somebody had to file to vacate the attachment order so look towards who initiated the action and then ask them why they did it.

what it looks like to me though is initially, this year, there was a hearing. I suspect it was claimed you may be on UI benefits and due to that, an order to attach was issued. Then it looks like it was discovered you were actually employed so the attachment of UI benefits was vacated and an order to attach your earnings was put into place.

 

[curious1974]

Nothing was brought up about unemployment during the last hearing. Like I said last time I was on that was 2010. I didn't file a motion to vacate and it doesn't make sense that she would. My assumption is this is some sort of house cleaning issue since the case is winding down. I'll call them on Monday to find out. Was just curious what people here thought.

 

[justalayman]

Nothing was brought up about unemployment during the last hearing. Like I said last time I was on that was 2010. I didn't file a motion to vacate and it doesn't make sense that she would. My assumption is this is some sort of house cleaning issue since the case is winding down. I'll call them on Monday to find out. Was just curious what people here thought.

well, for this to happen:

4 07/15/2014 UNEMPLOYMENT COMPENSATION ATTACHMENT ORDER TO MODIFY ISSUED
5 07/15/2014 UNEMPLOYMENT COMPENSATION ATTACHMENT ORDER TO MODIFY ISSUED

somebody brought it up somewhere along the line. Courts don't just pull stuff out of thin air.

 

[curious1974]

I don't know what to tell you. As I stated, I have not been on unemployment since 2010 and was only on it 3 months. Neither I, she or the court person mentioned anything whatsoever about unemployment during the July hearing. In fact we mutually agreed on a monthly amount that was approved.

Looking back through several years of the docket, anytime a change has been made since 2011 and there have been many -- well after I was off unemployment -- each entry regarding a new wage attachment has included both:

" ORDERED EMPLOYER TO MODIFY INCOME ATTACHMENT" and "UNEMPLOYMENT COMPENSATION ATTACHMENT ORDER TO MODIFY ISSUED."

Now in September they did send a letter to her (they copied me on it) asking her if he was still in high school and when he would be graduating. I don't know what, if any response she sent.

 

[justalayman]

I don't know what to tell you. As I stated, I have not been on unemployment since 2010 and was only on it 3 months. Neither I, she or the court person mentioned anything whatsoever about unemployment during the July hearing. In fact we mutually agreed on a monthly amount that was approved.

Looking back through several years of the docket, anytime a change has been made since 2011 and there have been many -- well after I was off unemployment -- each entry regarding a new wage attachment has included both:

" ORDERED EMPLOYER TO MODIFY INCOME ATTACHMENT" and "UNEMPLOYMENT COMPENSATION ATTACHMENT ORDER TO MODIFY ISSUED."

Now in September they did send a letter to her (they copied me on it) asking her if he was still in high school and when he would be graduating. I don't know what, if any response she sent.

and I don't know what to tell you either. Somebody, whether it was you, the mother, the judge, somebody else in the court, or somebody in whatever department deals with child support enforcement in your area, or V Putin over in Russia, somebody brought it to the courts attention and sought a change in an order. Courts do not unilaterally amend orders without somebody motioning to amend them.



so, my interpretation of the events:

long ago there was an attachment order issued for your UI benefits. Each time you regained employment, they modified the order to not enforce it although leaving it in place (stayed the order) and in the same setting put an order of attachment in place for your current employment situation. If you changed jobs in the interim, even if never collecting UI again, I suspect the termination of the employers attachment order was vacated and the UI order activated, in case you did recieve UI benefits until you regained employment where the UI order was stayed and an new employers attachment order entered. This last time, it appears they actually vacated (terminated) the order to attach UI benefits..

 

[single317dad]

The action may have been brought by the state Department of Labor (or equivalent) as a record keeping function.

 

[curious1974]

Thanks. I also assume it is something like that.

 

[curious1974]

So to update you, single317dad was basically correct. I called them this morning and they said they were recently notified by whoever handles unemployment that I do not collect unemployment, so the child support office had the vacate order sent to them. Had nothing to do with myself or the mom filing any motions. The lady I spoke with said it is unclear why it took roughly three years for this to be noticed. Her theory was that myself or the unemployment folks never notified them in 2010 that I was no longer collecting it. Back then I had notified them when I got a new job. Hence, I figured it was a given that I would no longer be collecting. Either way, turns out it was basically a housekeeping issue. She said nothing else needs to be done regarding it.

 

[justalayman]

So to update you, single317dad was basically correct. I called them this morning and they said they were recently notified by whoever handles unemployment that I do not collect unemployment, so the child support office had the vacate order sent to them. Had nothing to do with myself or the mom filing any motions. The lady I spoke with said it is unclear why it took roughly three years for this to be noticed. Her theory was that myself or the unemployment folks never notified them in 2010 that I was no longer collecting it. Back then I had notified them when I got a new job. Hence, I figured it was a given that I would no longer be collecting. Either way, turns out it was basically a housekeeping issue. She said nothing else needs to be done regarding it.

so in other words;

somebody brought up the issue about the unemployment. Thanks for confirming my statements.