Lack of a CS order, medical only.

[FrustratedMommy]

What is the name of your state? Maryland

Trying to make a long story short won't guarentee that its going to be possible. My apologies in advance in case this gets lengthy.

Last year in April my ex and I went to court to get an order, for child support to be paid via the CSEA.

The hearing went like this:

HM: State your name and address

Me: stated name and address

HM: Do you have council and request the presence of council.

Me: No

HM: Do you currently have medical coverage?

Me: Yes

HM: With whom

Me: stated with whom.

HM: Are you willing to place her on the insurance.

Me: Yes

HM: Sign here have a nice day.


Now I recieved my copy of what I signed (finding of the facts) and it does mention that I am to pay the amount of 145.87 to my ex for CS. The parts about arrears and everything else is completely blank. Ok thats werid but whatever.

I get a 2 page court order, that states NOTHING about the amounts, arrears, how much is to be paid and for how long the extra should be paid to cover the arrears. My understanding is that my court order SHOULD show this information clearly spelled out.

A few weeks after that I get a notice from the CSEA that I am in arrears, and my income tax return is going to be withheld ect. I contact them, and every one working in the office says I have a medical support order only. Yet they took money out of my pay checks, and claim that I owe 182 a month which is quite different from the 145.87 that was listed in the Findings of the facts BUT NOT in the court order.

So I write a motion for clarification, sent a copy to CSEA, and to the court as I was directed. This was 9 mths ago.

They are sitting on it.

Now my ex approximately 6 mths ago, moved to another state and I dont live in MD any longer either, and they have been claiming that the case should be closed in MD, because neither of us are residents any longer.

I am confused on what the heck to do now.

I have attempted to call my case worker and I am getting a huge run around, and letters are going ignored as well. I asked for a supervisor and I was informed I would get a call back, however, given the fact that I cant get my case worker to call me back, I dont foresee that happening.

I contacted them 2 days ago and there was a note I was to be placed straight through to my case worker, however, I got a case worker that wasnt mine, as mine was out of the office. She didnt know squat about my case, and so I am still waiting on answers.

Any other suggestions on how to proceed with this?

 

[Zephyr]

and you are now too far away to physically go to the office right?

did you file the motion to clarify with the family court or did you just send it to cse?

 

[FrustratedMommy]

I sent it to the court and its in my file, and to the CSE. Thats what the court clerk informed me I needed to do. Everyone has the paperwork so what the hold up is, I have no idea.

I have contacted them just about every 20 days since I sent it trying to get a call back and playing this game of "pass the buck". I am out of ideas, letters, and faxes have gone just as ignored. With CSE apparently the squeaky wheel gets placed on ignore.


Yes the office is a 12 hour drive.

 

[Zephyr]

have you spoken with the court and requested a date?

was there a previous order for cs? if not I don't see how you can be going into arrears when no cs is ordered.

 

[FrustratedMommy]

Yes have requested a date.

There was no order entered until April of last year and that order again does not state anything about money, arrears ect. It does have information on medical support.

 

[Zephyr]

You may be further ahead getting an attorney on this one- if there is no order then there should be no arrears, so an attorney may be able to get those wiped off. have you requested copies of all documentation regarding your case?

 

[FrustratedMommy]

Yes that was in the motion.

They are completely ignoring me I have a feeling something sneaky is going on and they are just "buying" time.

 

[Zephyr]

Yes that was in the motion.

They are completely ignoring me I have a feeling something sneaky is going on and they are just "buying" time.

an attorney would be able to cut through the crap.....


Just thinking out loud here, hopefully someone can correct me or offer a different avenue to take, I wonder if you could just file a motion to the court to suspend cs until this is worked out....


do you have all the documentation? I am also wondering if an order was slipped through without your knowledge, but the cs worker did say there was no order for cs.....

 

[FrustratedMommy]

Yeah well that was the last known. I havent been able to speak to anyone in a couple of months other than someone BESIDES my case worker, and they "Dont know anything about my case".

I tried contacting them through other avenues, only to be referred back to the 1-800 number where I cant get anyone to do anything.

I would hate to retain an attorney for this issue considering he would probably cost as much if not more than just paying the arrears that they are claiming.

 

[Ohiogal]

Yeah well that was the last known. I havent been able to speak to anyone in a couple of months other than someone BESIDES my case worker, and they "Dont know anything about my case".

I tried contacting them through other avenues, only to be referred back to the 1-800 number where I cant get anyone to do anything.

I would hate to retain an attorney for this issue considering he would probably cost as much if not more than just paying the arrears that they are claiming.

You have a right to contact the county clerk's office to get a copy of almost everything that is in your file including support. If this was established as a result of a divorce action, you may be able to find the entire docket on-line which will have judgement entries. If not, contact the county clerk's office and you can get it that way. Make the request in writing with all relevant information included. This will give you a chance to examine all orders and what not and see where they are pulling numbers from. Then armed with all this information, send copies of the pertinent information CRRR to CSEA in Maryland and request a hearing by phone with an ALJ. You will have to travel to Maryland for the hearing unless the approve the phone hearing. Then fax them all of your information and request the ALJ review it and clarify what you are to pay, what arrears you owe and how they are to paid.

 

[FrustratedMommy]

It was not established via the divorce action actually a few years later.

I have reviewed the records and there is NOTHING in the file pertaining to this other than the original 2 page order that is a bunch of gibberish about medical.

I have already had them served with the motion (its what they are sitting on) and did a request for them to allow a phone hearing so I wouldnt have to go down there for this.

From what I am being informed the answer is ZERO and the case should be closed. So why are they hanging onto it? Could I get that info in writing? Simple questions to be asking I thought, next time I will attempt to make it harder for them.

Ever feel like your dealing with a bunch of monkeys crammed in an office?

 

[Zephyr]

It was not established via the divorce action actually a few years later.

I have reviewed the records and there is NOTHING in the file pertaining to this other than the original 2 page order that is a bunch of gibberish about medical.

I have already had them served with the motion (its what they are sitting on) and did a request for them to allow a phone hearing so I wouldnt have to go down there for this.

From what I am being informed the answer is ZERO and the case should be closed. So why are they hanging onto it? Could I get that info in writing? Simple questions to be asking I thought, next time I will attempt to make it harder for them.

Ever feel like your dealing with a bunch of monkeys crammed in an office?

where do you think they got the idea for those commercials recently??

 

[Ohiogal]

It was not established via the divorce action actually a few years later.

I have reviewed the records and there is NOTHING in the file pertaining to this other than the original 2 page order that is a bunch of gibberish about medical.

I have already had them served with the motion (its what they are sitting on) and did a request for them to allow a phone hearing so I wouldnt have to go down there for this.

From what I am being informed the answer is ZERO and the case should be closed. So why are they hanging onto it? Could I get that info in writing? Simple questions to be asking I thought, next time I will attempt to make it harder for them.

Ever feel like your dealing with a bunch of monkeys crammed in an office?

Get an attorney to call them and/or write them a nice little letter. Shouldn't cost you much but you will get a response. It should be a Maryland attorney who is licensed to practice there. You are going to need one if only to make Child Support get off their butt and answer you if they are ignoring CRRRs and what not. A motion is different than a request for your file. Who did you send the motion to -- the court or CSEA?

 

[Ohiogal]

Kicking myself.

Dang I missed something.
Where does EX live? Where does the child live? For how long? How long have you lived in Maryland? If they say the case should be closed you need to get it transferred to the new jurisdiction which is possible and involve the CSEA in the new jurisdiction provided the child has lived there long enough with the parent. SHOOT SHOOT SHOOT.
You dont want to move for a change of jurisdiction until you are definite about what jurisdiction it should be in. I gotta check some stuff...
Answer the above questions.
Beaurocrats answer each other. NO attorney necessary.

 

[Zephyr]

Dang I missed something.
Where does EX live? Where does the child live? For how long? How long have you lived in Maryland? If they say the case should be closed you need to get it transferred to the new jurisdiction which is possible and involve the CSEA in the new jurisdiction provided the child has lived there long enough with the parent. SHOOT SHOOT SHOOT.
You dont want to move for a change of jurisdiction until you are definite about what jurisdiction it should be in. I gotta check some stuff...
Answer the above questions.
Beaurocrats answer each other. NO attorney necessary.

just a question for clarification Ohiogal- would she be better off addressing the situation of the incorrect arrears before changing venue? would changing venue without addressing the arrears be like stipulating to the fact that they are accurate?