something amuck

[faithnlve]

What is the name of your state? vt. I posted in here about the office of child support refusing me to see my file. I have a case this coming tuesday. I did call the administrator of the state who is in charge of these issues, and I receved a phone call an hour later informing me that they spoke to the director of the office in my county, and he was informed that I had the right to see my file. I was also told he was waiting for my phone call to set up an appointment. I did. I went in yesterday at 1:00p.m. I walked into a room, and there was a lawyer with my file. But only one file. I have been married twice, and pay cs. The support office informed me the case was only for case 1 and they have seperate files. So I did not get to see my total files. Then the questions began as to why couldnt I pay right now, what it was I wanted from the hearing on tuesday, which is for contempt for not paying. I explained my medical issues, and future surgery, I explained how this was not willful. After 3 hours of this, I finally got to go through my file, and began asking for copies of what I wanted. The lawyer there began asking me why do I want this and that? I told her of payments being made to wrong parent, and underpayments to other parent, which put me in arrearages. This lawyer wanted to prove me wrong, which she didnt. 5 minutes before the meeting was over, this attorney told me that she represents the interest of my ex since he asked for services. And that she now has enough information for court herself for tuesday. I looked at her straight in the eyes and asked her if she was representing the kids or my ex? She didnt answer, but did say yes its mainly for the kids, but my ex is the one asking for services of collection "not me". I found many many payments not recorded from years ago. We are talking around 2000.00. I was told by the OCS attorney those errors didnt matter since the court order is a year old, it sticks, and it was my responsibility to make sure they hadnt made mistakes. Plus she said money misplaced by their office over 8 years ago is my problem not theirs, since I never raised the issue. I didn't even realize all this until yesterday. Something just isnt right here. Do I have any recourse? I plan on only showing my medical reasons for not being able to work, but am afraid now I was bamboozled into information to this office they will try and twist to their benefit to win. I feel like I was just interrogated by the KGB. What can I do now? Thanks

 

[GrowUp!]

Stop allowing these asshats to trounce all over you. the CSEA that is involved with my case hates me because I make myself VERY Clear when I am down there and/or on the phone with them that I will turn them upside and shake them out if they are not in order.

You should have told them that you will answer the questions -- or any questions regarding contempt -- during the hearing. Since they asked you, be careful because they will probably try to bring it up during the hearing. Actually, expect it. That's when you object because you can argue it was mediation, per se, which is inadmissible. But be prepared.

You need to call them again -- set another appointment -- and that you want your COMPLETE File ready to review. Not bits and pieces. The "attorney" for CSE does NOT represent your ex. Nor you. The attorney there represents the Agency. If either parent needs representation, they get their own attorney. I would file a grievance against her with the state Supreme Court and also the Bar Association. Regardless, they should have brought out BOTH files. When you call, tell them specifically you want to see the files for your cases and give them the case number(s).

While their attorney seemed to get ONE thing correct: that is any mistakes (i.e. calculations of support amount) are too late to correct now. But not in regards to payments. If need be, you will have to file a Motion to Correct Arrearage with the Courts to have it taken care of if they are giving the wrong amounts to the wrong parents.

Don't let them walk over you. If they ask you why you want it, tell them it's none of their damn business, as it's YOUR file and you have every right under federal law to review it and make sure they are doing their jobs correctly. Do NOT answer any questions regarding contempt.

 

[stealth2]

It would make things a lot easier if you quit starting a new thread for every post you make. Put them all together, please.

 

[faithnlve]

So you are saying there is no possible way to correct calculation errors. I agree with that. But, how do I go about correcting errors made by the OCS office? They are claiming I had 8 years to correct their mistakes of payments and errors of deductions made.. This is going to cost me a mint, if I have to hire an accountant. These people do nothing but cover up, lie, and twist everything around so its too confusing to battle with them. I have affidavits of owing one amount one year that is thousands less than an affidavit they re- did recently. The very first court order entered in my case OSC was suppose to deduct 122.60 off of an arrearage " owed" to me ( I had a credit of over 3200.00) and I was to pay 100.00 per month until the arrearage owed to me was paid off. Instead, their own affidavit shows they deducted 222.60 off the arrearages owed to me each month instead of 122.60. Plus they reported me paying 100.00. when they were actually taking 222.60 out of my paycheck. They claimed they overpaid parent number 2. Then later on they give me a paper (not an affidavit) claiming they took the overpayment back, but it doesnt show what they did with that credit. What a mess. My arrearages are so messed up. I do owe, want to pay, but have paid over and over again. My husband calculated all payments made to OCS, and guess what, I paid back my ex's arrearages owed to me! Im beginning to feel these people are crooks. Faith