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Registration dismissed; wages still being garnished by other state

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Junior Member
What is the name of your state? Florida

Hello everyone. I would really appreciate your input.

The CS order was obtained by fraud. Out of state obligator was served by publication, made no appearance, was not aware of default order until employer received income deduction order in October 2002. Obligator contested income deduction order by giving parties and employer notice of contest.

February 2003 a petition for registration of foreign support order was filed in obligator's home state because obligator contested direct enforcement. Obligator challenged jurisdiction when notified of the registration by requesting a hearing to contest the validity and enforcement of registered order based on fraud and initiating state's lack of personal jurisdiction.

Continuance, continuance, continuance, continuance.....

After being stalled by attorneys (obligator's attorney was sympathetic to obligatee and stalled the inevitable dismissal of claim instead of seeking summary judgment as the obligator requested) judged dismissed the registration (without a hearing) in November 2004 because the "petition seems to be abandoned and the allegations are stale." Dismissed without prejudice on "Order to move and order of dismissal." Petitioner did nothing within 30 days as judge stated so petition for registration was dismissed. Obligator did not find out about dismissal until April 2005 after he got fed up with attorney and decided to go pro se.

Florida Statutes chapter 88 stated that if an obligator contest administrative enforcement by wage withholding the support order "shall" be registered. Obligator also raised valid defenses to enforcement under UIFSA.

The registration was dismissed. Employers needs language stating that "income deduction must stop" but order of dismissal from the Florida court does not clearly state that.

Obligator is considering petitioning for declaratory and injunctive relief against employer to enjoin the wage garnishment that is based on the default order entered without personal jurisdiction. Initiating state has no intention of withdrawing order, they are trying to get away with stealing more than obligatee is entitled to for as long as possible. Obligator is remarried, (wife is employed full time) has two subsequent children but about 33% of income is garnished for first child. Due to stress and poverty second family is fragile and on the verge of divorce.

Please help. I need some suggestions about to proceed. Thanks in advance.


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