Need advice???

[mrmagoo]

What is the name of your state? VA
NC CSE filed a complaint against me for child support in 2001, case was dismised. NC CSE never refiled any new pleadings or reopened the case.

NC CSE however, has sent arrears affidavits to my state alledging arrears to which I fought and the case was closed. Do they have any legal right to keep to forwarding charges/affidavits against me and placing a lien on my tax record?

Any advice would be greatly appreciated... thanks!

 

[BL]

What is the name of your state? VA
NC CSE filed a complaint against me for child support in 2001, case was dismised. NC CSE never refiled any new pleadings or reopened the case.

NC CSE however, has sent arrears affidavits to my state alledging arrears to which I fought and the case was closed. Do they have any legal right to keep to forwarding charges/affidavits against me and placing a lien on my tax record?

Any advice would be greatly appreciated... thanks!

It sounds to me like you need to send the Tax Office , a letter or what ever document(s) , you have , the case was Closed , for their record , and request they do not seize your taxes .

Otherwise you will need to take it to Court to get a Formal Order directing CSE to stop seizers against you , and possibly forward a certified copy of that to the tax Office.

 

[VeronicaGia]

See if NC has something called a Franchise Tax Board or something like that. That's what it's called in CA, but it is where the state can file judgements and such against you for non-payment of support. And if NC is anything like CA, once they file one time, and you catch up, they don't have to file again and again, they can just take it.

 

[VeronicaGia]

Also, go here: http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=NC&CFID=502077&CFTOKEN=81898234#10

Read Section J regarding support enforcement. It might lead you in the right direction and give you info on how NC administers and enforces leins.

 

[rmet4nzkx]

Just because the case is closed doesn't mean you don't owe arrears. Was paternity ever established? Did the mother move out of the state?

 

[mrmagoo]

Everyone, I really appreciate the advice and comments but to make a long story short. My ex committed identity theft against me in 1999and its been a long process over 6 plus years which she got probation.

To get back at me, she went to NC CSE (2001) and said I wasn't paying CS. NC CSE file civil complaint, i hired an atty and case dismissed (2001). I continued paying CS as ordered. ex files arrears affidavit in NC who forwards it to VA (2002). I hire an atty in VA and appeal the charges (2003). NC never responds to VA request to prove I owe the arrears and dismisses the case (2003).

NC CSE files lien with federal gov't and takes my federal return (2004). I hire atty in NC to file a motion to stop NC harassing actions (2004). The Judge dismisses my atty's motion because NC does not have personal or subject matter jurisdiction over me (2005). and this is where i'm at now.

 

[legalcuriosity]

To get back at me, she went to NC CSE (2001) and said I wasn't paying CS. NC CSE file civil complaint, i hired an atty and case dismissed (2001). I continued paying CS as ordered. ex files arrears affidavit in NC who forwards it to VA (2002). I hire an atty in VA and appeal the charges (2003). NC never responds to VA request to prove I owe the arrears and dismisses the case (2003).

NC CSE files lien with federal gov't and takes my federal return (2004). I hire atty in NC to file a motion to stop NC harassing actions (2004). The Judge dismisses my atty's motion because NC does not have personal or subject matter jurisdiction over me (2005). and this is where i'm at now.

Was there an actual order for child support pre-2001?

 

[mrmagoo]

Yes there was, the whole basis of the 2001 complaint was that my ex lied to NC CSE and said that there was never an order. She stated only that we had an agreement. After my lawyer presented the order as well as evidence showing payments for the last 2 years, she dismissed the case.