CSE won't listen to Judge !

[Gracie3787]

What is the name of your state? Florida
I'm hoping to get some ideas to help my son and daughter-in-law make CSE realize that are mistaken. Here is the situation:

My son and his wife had a baby 3 1/2 yrs ago. Due to both parents having mental illnesses they were neglecting my grandson. CPS got involved when the baby was 11 mos. old. After 2 months, CPS removed my grandson from his home, and gave temp. custody to my daughter.
( I should point out that they live in one county and my daughter lives in another county).
In order to recieve medicaid for the baby, my daughter had to fill out papers for CS, which was filed by CSE in this county. It took over 10 months for the CS petition to go to court, by then, a court in parents' county had ordered that their parental rights be taken and my daughter was already in the process of adopting.

The CS orders (one for my son, a seperate one for his wife) are for $8.00 per week RETROACTIVE CS and $47.85 per week ON-GOING CS. (Niether one showed up for their hearings).
About 6 months ago they both had to appear in court for contempt, they showed the judge the court order that took away their parental rights- dated
3 weeks before the CS orders. The judge ordered them to pay a certain amount within 2 weeks (which they did) and told the CSE worker to stop charging on-going support. (unfortunately, the judge didn't put that into order and hearing was not transcribed). Just to make sure, they both went to CSE and gave them copies of the same order they showed the judge. They have both been paying the ordered retroactive CS but not the on-going CS since then.

We thought everything was okay until yesterday when my son recieved a letter from CSE threatening to suspend his DL for not paying the ON-GOING CS. So, today my son AND my daughter went to CSE office- they were given order taking away rights AGAIN, my daughter told them that she is not getting any state aid for my grandson and she even showed them the court order of adoption and my grandson's new birth certificate. CSE still says that my son and wife have to pay on-going support. As it turns out, they have both paid ALL of the retroactive amount, so nothing more should be owed or paid.

My question is, does anyone have any ideas on how they can get CSE to do what was already court ordered, Without having to file in court??

Any suggestions will be appreciated.
Gracie

 

[bulldogg70]

Holly cow, what the hell.... no recording of court proceedings in any fashion, are you sure??? I am not from Fla, however, I thought the rules required almost all to be recorded excluding small claims court. In our state it is recorded and video... smile you are on the camera.. you need FTC gold to see it

In order for CSE to stop requesting payment they are going to need to see an order that recognized that they are no longer obligated. If there was an error I would suggest to put a notice of lodging in and the correct order and see if the judge will sign it, and then you can go to cse and show them the correct order. If the Judge does not sign it you are going to have no other choice but to go back to court to get it resolved

 

[Tunie]

May be wrong

but does giving up parental rights cancel child support obligation????

Hopefully, someone here will have an answer as this appears to be the case... they are still trying to collect child support because giving up parential rights doesn't mean CS isn't still owed???

 

[BL]

You stated the Judge told them to quit collecting. There is different between telling CS to quit and Ordering them to Quit.

They need to go back into court and have it ORDERED by a Judge.

That's the only way CS enforcement will comply .

 

[Gracie3787]

Thanks for replies

Thanks for the replies. Unfortunately it seems that Blonde Lebinese is right, and the only way it will get straightened out is for them to go back into court.

bulldogg, I know it's crazy, but Florida doesn't have any laws requiring family court hearings to be recorded or even to have any paper notes on what Judges SAY in court. Unless a party hires a court reporter, the only "record" of what was said, ordered and testified to is the signed order. Which is one of the, and probably the biggest, reasons why NCP's are treated so unfairly in Florida courts.

Tunie, you are correct that CS usually doesn't stop when a parent/ parents willingly give up their rights. However, in this case the parents rights were taken away by the state as unfit parents. For this reason, as of the date of that order, they were no longer parents in any way. Also, my daughter adopted the baby, so even his birth certificate doesn't show bio parents.

I hope it gets solved soon, since the state has been reimbursed for the expenses for the baby before adoption, I really would like to know where the hell the money in "CS" is supposed to be going- we know it won't go to my daughter or grandson.

Anyway, thanks for the replies.
Gracie