Immediate Help????

[mrmagoo]

What is the name of your state? Va

ex-wife filed most recent child support allegation with NC CSE 06/01 had hearing 12/01 in NC, case dismissed lack of evidence. judge ordered CSE and my NC attorney to reach settlement. My NC lawyer sent letter to NC CSE same day, CSE never responded.

Received letter from VA CSE 2/15/03 regarding intercepting my tax returns, stated that i had 30 days to appeal claim and/or allegation. in the process of securing an attorney on responding to claim which I clearly have 15 days to respond. stopped by VA CSE and found out that NC CSE was behind this claim.

2/25/03 received withholding notice on my door from VA CSE. Can they do this, why are they circumventing my legal rights. any thoughts on what has transpired. thanks in advance

 

[Whyte Noise]

The withholding notice that you found on your door.... is that an employer garnishment order, for your employer to withhold so much each pay period?

 

[mrmagoo]

yes, it is a "withholding of earnings" (notice of proposed action)
providing an amount my employer is to deduct each month.

however, i do not owe this debt. haven't had a chance to appeal this claim according to their 30-day period.

 

[Whyte Noise]

Then, the notice on your door, and the letter you received 2/15 about income tax interception are 2 seperate things.

On 2/15 you got the letter telling you they were going to intercept your tax return. They gave you 30 days to appeal that decision. You still have the 30 days to appeal. The income deduction order (IDO) that you received on your door is totally seperate from an Income Tax Intercept (ITI).

You say you do not owe the debt. But you had a hearing in December 2001 in which a judge ordered your attorney and CSE to reach a settlement, so apparently you did owe CS either in the past, or it was ordered that day. The fact that your attorney sent CSE a letter, and CSE never responded to him (are you sure on that too?) does not mean that CSE did not accept the offer from your attorney. They could have accepted it, and implemented it, and you nor your attorney ever knew it. (Bad practice, I know. But it DOES happen.)

In any case, you still have the 30 days to appeal the ITI from Va. CSE. But, they've also issued an IDO, which, like I told you, is a totally seperate issue and order from the ITI. Your employer has to comply with that order, or face fines themselves. You need to find out exactly what is going on, because until you do, and can get it straightened out your employer is required by law to deduct that amount from your pay.

 

[mrmagoo]

No, the notice I recieved on 2/15 is regarding intercepting my tax returns for a child support debt of 22,750. said i had 30 days to appeal the claim.

IDO that i recieved is about the same debt, the 22,750. Why it is that these CSE's can get away with screwing people around and not notifying ncp.

thanks for help, appreciate it

 

[Whyte Noise]

I understand that the IDO and the tax intercept were for the same amount. They're about the same case, so of course they're going to be the same amount because that's what they say you owe.

The point I'm trying to get across is that an IDO is totally different than an ITI. You got two totally different orders. One for a tax intercept, and one for a monthly income deduction by your employer.

You have 30 days to appeal the fact that they want to intercept your tax return. That's the ONLY thing you have 30 days to appeal. The income deduction order is a totally seperate issue (even though it's for the same case and amount) that your employer has to abide by.

Say I owe $5,000 in back CS. They send me a notice that they're gonna take my tax return and give me 30 days to appeal it. OK, fine. Then, my employer gets an IDO and on it it lists the amount as $5,000 too. Of course it does, because that's what I owe. Now, I can appeal that tax intercept, because they told me I could. But I can't appeal the IDO because the only time you can appeal that is if you are not the person that the IDO was supposed to be issued on, there is a mistake in the support amount, or there is a mistake in the weekly (or monthly) withholding amount.

If they take your tax return it will reduce the total amount you owe by whatever it is your return was for. The IDO and the tax intercept have the same exact amount because it's the same exact case. Not that you owe that amount twice. One is to get a lump sum from your taxes, the other is to get monthly payments from your employer. Both of which will reduce the total amount of $22,750 because they'll subtract your tax return intercept from that amount, and they'll also be deducting your monthly garnishment amount from it too.

 

[VeronicaGia]

BLCM

Damn, you're good!

 

[Grace_Adler]

You can look up some of your case at www.ncchildsupport.com. You just need to register a user name. It also has an email address to contact CSE. I think it's to the office in Raleigh.

If you want to get additional info on your case, the best thing to do is to see what your case # is, make a trip down here to the courthouse in the county your case is in and look it up, provided you have the time and money. You can make copies too.

 

[Rldunc]

The way I see it

he has CSE from VA and NC chasing him since Dec 2001 to collect 22,750 and he's worried about his rights, specifically a 30 day right to appeal. Basically, they want their money and they've waited long enough. What about the children that this money is supposed to support?

 

[mrmagoo]

Rldunc, I understand your point if I was actually a deadbeat parent but my ex-wife has filed these allegations as harassment.

02-17-2003 05:11 PM
by gizmo91298

What is the name of your state? Virginia

Ex-wife has filed false back-owed child support allegations in 3 different states that were dismissed for lack of evidence. Now,
she has filed another allegation in another state.

Each and every time, I am forced to defend myself at great personal and financial expense by hiring attorney, etc. Are there any penalties, admonishments or repercussions that can be levied against my ex-wife as it borderlines harassment at this point.

In 2 of the last 3 allegation, both my federal and state returns were intercepted until the allegations cleared, usually months later. After all the legal wrangling, i end up with no money because my returns end up paying for all or part of my legal fees.

Is there any way, a father and/or non-custodial parent can have the custodial parent reprimanded, admonished or fined for filing false complaints or allegations with these agencies as well as pay for our legal costs against these false accusations.

Just thought you should know before you pass judgement without
having all the facts...

BLCM, Grace_Adler and everyone else, thanks so much for the advice and tips...

 

[Rldunc]

I apologize if I was wrong, gizmo. I've never used CSE, but my wife has. (also CP) Her ex-husband changed jobs every month to avoid paying support, CSE did a number on him and got support and back support coming every week. That was important to us and I appreciated that. I became a fan of CSE after that. Now if you are a responsible dad and are current and she is just doing this to harass you, you should be able to recover attorney's fees, or at least get CSE to leave you alone. Good luck

 

[mrmagoo]

Rldunc, no problem. I understand what you're saying. There are a lot of deadbeat dads out there, and likewise, there are a lot of dads out there paying their support llike order but get harassed sometimes... take care and good luck