CSE Questionairre

[DRTDEVL]

What is the name of your state?The CSE is Nevada, the case is from VA, and we are in FL.

I posted a couple weeks ago about this, but we coincidentally recieved another questionairre from Child Support Enforcement in the mail this weekend.

Basically, it says if she fails to complete the form accurately and return it within 10 days, it will be considered a misdemeanor.

The story: She lost her job in 2003, and has only been able to find employment for a total of 5 months during the past 2.5 years... She was recently laid off again. During this time, I have sporadically paid her support for her, but I cannot afford $600/mo ($484/mo + $116/mo for $17,000 in arrearage that was ordered retroactively in the divorce case for the separation time). The current arrearage amount is over $12,000.

The questionairre asks basic questions, but I don't know how we should answer them.

A. Name. They show her former name. I guess we have to correct it here.
1. Current Home Address: Own or rent? Uhh... They sent it here...
2. Home Phone. We don't have one. Work Phone. She is unemployed.
3. SSN/DOB, no problem. D/L number. I suspect they want this to suspend her.
4. Current employer. Unemployed. Also asks for last year's annual income (attach a copy of last year's income tax return). We filed jointly, so it shows our combined income last year (although she only worked 25 hours in December when getting new job). How do I prove her income? Will a W-2 suffice?
5. I am not working because: Will they accept that nobody will hire her knowing I am being reassigned in October, and we will leave the area?
6. Other monthly income: One of the boxes is investments... She has about $900 in an old IRA that is still sitting there, making about $10/month. Is this reportable?
7. Married: If yes, spouse's income: Why do I need to tell them how much I make? I have no legal rights or responsibilities to these kids, and have only met them once (ex- in violation of custody order by refusing visitation since day one and we have no money to take him to court, but that is for a different thread altogether).
8. Other household income: NONE
9. I have a bank account with: Located at: I am the account holder here, and she is an authorized user on the debit card... Will they try to take my paycheck when it is direct-deposited into the account? Can I just give them my local savings account info instead (with approx. $9 balance)? I only keep this account to cash local checks.
10. REMARKS:

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE TO THE BEST OF MY KNOWLEDGE.

DATED: Signature:



Please return to:
DISTRICT ATTORNEY
CHILD SUPPORT DIVISION
ADDRESS HERE
CITY, STATE AND ZIP

What are my rights and responsibilities here? Do I really have to tell them my income? What are her rights here? She can't pay without a job, and she can't work because of a lack of employment in the area, combined with our impending departure from the state. Is failing to fill this thing out really a misdemeanor? How can they prove she got it (it was sent regular 1st class mail, not certified or CMRRR). It also says to return it within 10 days, but does not specify if it is from receipt, or from the date of the letter (6 days ago).

The cover letter aslo indicates RE: EX-HUSBAND'S NAME, CASE #XXXXXXXXXA. Does this mean he is actively seeking $$ from us? He refuses to give us any info, like his address, phone number, etc. Our only way of even contacting the kids are through his mother (if we happen to call when they are over, she may or may not let my wife speak to them). Can she assert this as a defense in the event that they want to see her in court? As in, "How can I pay him when I don't know how to find him?"

As you can tell, this is a really jacked up situation... Unless we can find an attorney willing to take this entire mess on pro-bono, we don't have a chance in hell. Basically, what are my rights, and what are hers?

Thank you.

 

[DRTDEVL]

Hmm... 6 hours without a response...



I guess this post will not be in the running for "Dumbest Post of 2005," as most of the idiots here get flamed out within 10 minutes.

We are going to fill out this "financial statement," but we prefer to have a little legal advice first (we'd hate to accidentally give info that would substantially increase her CS payments to more than the $600 over her monthly income).


BTW: The misdemeanor cited apparrently falls under NRS 425.390:

NRS 425.390 Statement of responsible parent concerning ability to support child: Contents; additional statements; penalties.

1. The responsible parent of a legitimate child or a child whose paternity has been judicially determined shall complete a written statement, under oath, of:

(a) His current monthly income and his total income over the past 12 months;

(b) The number of dependents for whom he is providing support;

(c) The amount which he is contributing regularly toward the support of any child for whom assistance is granted;

(d) His current monthly living expenses; and

(e) Such other information as is pertinent to determining his ability to support his children.

2. The statement must be provided upon demand made by the Division, any agent of the state who enforces an order for the support of a child or a prosecuting attorney. Additional statements must be filed whenever there is a material change in the information given in the statement required under this section.

3. Failure of the responsible parent to comply fully with this section is a misdemeanor.

4. Any responsible parent who swears falsely to a material fact in any written statement required by this section is guilty of perjury.

 

[legalcuriosity]

BTW: The misdemeanor cited apparrently falls under NRS 425.390:

NRS 425.390 Statement of responsible parent concerning ability to support child: Contents; additional statements; penalties.

1. The responsible parent of a legitimate child or a child whose paternity has been judicially determined shall complete a written statement, under oath, of:

(a) His current monthly income and his total income over the past 12 months;

(b) The number of dependents for whom he is providing support;

(c) The amount which he is contributing regularly toward the support of any child for whom assistance is granted;

(d) His current monthly living expenses; and

(e) Such other information as is pertinent to determining his ability to support his children.

2. The statement must be provided upon demand made by the Division, any agent of the state who enforces an order for the support of a child or a prosecuting attorney. Additional statements must be filed whenever there is a material change in the information given in the statement required under this section.

3. Failure of the responsible parent to comply fully with this section is a misdemeanor.

4. Any responsible parent who swears falsely to a material fact in any written statement required by this section is guilty of perjury.

Have you bothered calling CSE in NV? It sounds like the CP is having the case transferred to NV.

If NV is a state that does not take a spouses income as a factor towards calculating support, then it's none of their business how much your spouse makes. After all, look at the language in #1 (which is bolded). You should answer "yes", but give a legal reason why you are not giving them this information (use the language from this Code, if you must).

Also, look at (e) which I bolded as well. I'd argue that CSE would have to legally prove why they feel this information is pertinent (and insist they cite NV laws/statutes to make their case). They are "just CSE", they can be fought. Don't let them abuse their power by answering questions they have no legal right to know.

I would also take CSE and NV to task in regards to their language and choice of "sex" in this questionnaire. "He", "his", etc. Nice bias there. Which women's group wrote that up for the legislature? LOL
In addition, if they sent it via regular mail, you could always blow it off (that's up to you). They have no way of proving you recieved it. Finally, you will not find a lawyer who will take on this kind of situation on pro-bono.

 

[DRTDEVL]

Have you bothered calling CSE in NV? It sounds like the CP is having the case transferred to NV. Not yet. We got this on Saturday, and they will not be open until noon (EDT) today.

If NV is a state that does not take a spouses income as a factor towards calculating support, then it's none of their business how much your spouse makes. After all, look at the language in #1 (which is bolded). You should answer "yes", but give a legal reason why you are not giving them this information (use the language from this Code, if you must).

Also, look at (e) which I bolded as well. I'd argue that CSE would have to legally prove why they feel this information is pertinent (and insist they cite NV laws/statutes to make their case). They are "just CSE", they can be fought. Don't let them abuse their power by answering questions they have no legal right to know.

I would also take CSE and NV to task in regards to their language and choice of "sex" in this questionnaire. "He", "his", etc. Nice bias there. Which women's group wrote that up for the legislature? LOL The sex language is not in the questionnaire... It was taken straight from the Nevada Revised Statutes. I noticed it, too.
In addition, if they sent it via regular mail, you could always blow it off (that's up to you). They have no way of proving you recieved it. That's what I told my wife Finally, you will not find a lawyer who will take on this kind of situation on pro-bono.What about low cost? Payment plans? I can pay some, but I can't afford too much until my wife can find employment again.

On another note... When she was employed for that 5-month stretch, her average income was only $550/mo, less than the CS payments. We informed CSE of the employment, and they never even attempted to garnish her wages. Her boss was alerted of this on the day she was hired, but he never received anything from them for garnishment (maybe because she owed more than her check each month?).

Anybody know if NV is a state that bases my income, too? What is my legal standing for refusal to provide the info?

 

[DRTDEVL]

UPDATE: I called CSE in Nevada on Friday, and got a lot of insight, thanks to the helpful lady on the phone. She said the case worker was not in, but she pulled up the record anyway.

Basically, he is not contacting them for his money, but he went on assistance again (most likely quit his job again). There is not a non-disclosure statement attached to the file, so if she calls them up tomorrow (when the case worker returns), she can get the physical and mailing address and phone numbers listed (also can inform them if the info is false, i.e. his mom's address/phone). She can request a modification hearing as well, since the support was ordered more than 3 years ago. She can be present by phone for this hearing.

For those who need to know, the statutory minimum for Nevada is $100/child/month. She will be ordered $200/mo in the modification (I can afford that... Barely, but I'll manage). If she were employed, it would be the greater of $200/mo or 25% of her gross income.

It looks as if we might be able to get on our feet... I will be relocating in October to another area, and she will have the opportunity for something other than a minimum wage job again. Nevada requires a 3 year period between modifications to the support order, so she will be able to make good money again, and use the excess to pay off the arrearages. In 3 years, it will be modified again (probably around $500/mo), but we should be in a better financial position to pay this in the future.

BTW: I did not disclose my income, but she said I may be required to before the modification hearing (to prove she is not on assistance as well, thus recieveing state benefits for the kids, too).



So, the next question is: If we are pretty sure she will be gainfully employed upon arrival to our next location (not guaranteed, though), do we have to disclose that? I can see both points of view here as to wether proceeding like this is right or not, but he will end up with the same CS money in the end. I guess I am trying to ask if we should work the system like this... Get the modification, and pay the lower amount until she is employed again, and then use the $$ she will be making to pay for the arrearages (while still protected by the 3 years window between modifications).

 

[stealth2]

You may want to check on those modification rules. I did a very cursory search at http://www.leg.state.nv.us/NRS/NRS-125B.html and it seems to indicate that a change in circumstance (i.e. she becomes employed) is cause for a modification outside of the three year window. That's how it works in most states, as well.