error of OCS

[faithnlve]

What is the name of your state? VT My hearing has again been postponed for another month. OCS requested the same judge from prior hearing, since the other judge heard more of the OCS arguments in the prior hearing. Anyways, I did go with an attorney this time. It went easier than last time. My question is this....an error was discovered in an arrearage affidavit from OCS that the tax intercept check I recieved in 2000 was put on the arrearage affidavit as me owing my ex. My ex was in arrearages to me of 6,000.00 in 1999. I agreed after he got custody of kids to allow half to come off of the 6000.00 he owed me.(trying to be nice, and now kicking myself in the butt). Anyways, this IRS check was intercepted from tax year 1999 when his arrearages were high. I received this check in 2000. Of course OCS held it for some time before I had received it, and if I had known this check was coming to me I would not of gone half on the 6,000.00 he owed me. OCS is arguing that the reason the check was reversed was because I had no right to it. No right? He was still in arrearages of over 3200.00 after I went half off! So, instead of my monthly obligation for that month being 377.00 minus 100.00 per month to offset his arrearage towards me, it is showing my monthly obligation to him of 1744.00. NOw I could understand them counting it as a credit towards his arrearage, but not me owing him. Now OCS wants to argue that the new orders since then have eliminated any obligation to fix this, and the new orders take presidence for that error. Does it? Thanks Faith

 

[GrowUp!]

What is the name of your state? VT My hearing has again been postponed for another month. OCS requested the same judge from prior hearing, since the other judge heard more of the OCS arguments in the prior hearing. Anyways, I did go with an attorney this time. It went easier than last time. My question is this....an error was discovered in an arrearage affidavit from OCS that the tax intercept check I recieved in 2000 was put on the arrearage affidavit as me owing my ex. My ex was in arrearages to me of 6,000.00 in 1999. I agreed after he got custody of kids to allow half to come off of the 6000.00 he owed me.(trying to be nice, and now kicking myself in the butt). Anyways, this IRS check was intercepted from tax year 1999 when his arrearages were high. I received this check in 2000. Of course OCS held it for some time before I had received it, and if I had known this check was coming to me I would not of gone half on the 6,000.00 he owed me. OCS is arguing that the reason the check was reversed was because I had no right to it. No right? He was still in arrearages of over 3200.00 after I went half off! So, instead of my monthly obligation for that month being 377.00 minus 100.00 per month to offset his arrearage towards me, it is showing my monthly obligation to him of 1744.00. NOw I could understand them counting it as a credit towards his arrearage, but not me owing him. Now OCS wants to argue that the new orders since then have eliminated any obligation to fix this, and the new orders take presidence for that error. Does it? Thanks Faith

Your time to argue any mistake was when it was first notified. Statutes usually address how much time you have.

 

[faithnlve]

Mistake was found a month ago. This mistake was brought up in a hearing 4 days later. OCS claimed to the court that this error was mute now since 3 other court orders have been issued and its been 6 years, and I should of brought it up then. If I had known about it of course I would have. 1744.00 is alot of credit due when in arrearages. Is their any motions I can file in the courts so that this mistake can be fixed? Faith

 

[GrowUp!]

Mistake was found a month ago. This mistake was brought up in a hearing 4 days later. OCS claimed to the court that this error was mute now since 3 other court orders have been issued and its been 6 years, and I should of brought it up then. If I had known about it of course I would have. 1744.00 is alot of credit due when in arrearages. Is their any motions I can file in the courts so that this mistake can be fixed? Faith

So are you saying you were not served with the proper documents? How could you have not noticed this then? I am having difficulties following the timeline here -- that over 6 years -- you didn't notice this.

 

[faithnlve]

I have a copy of the affidavit from that year, but OCS affidavits were hand done then, I have that one. This one in the file was computer generated. I never ever saw that one.