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Validity of closed support case/garnishment/arrears

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EddieG777

Member
State of AZ.
Hello to all!
First off in advance, I would like to thank any and all persons who take any of their time to read and/or comment on my post/questions. The issue I have at hand has been very trying on me and my health, physical and mental and any help I receive is truly greatly appreciated. Anyways! To the issue!
Background= I am non-custodial parent
In Jan, 2000 Is when my case was opened. I have 2 children that were part of this case. Oldest child is 23 now. Was married a few years back. Youngest turned 19 in Jan 2019 and has been living on her own since 18yrs old.
. In March of 2015 DES closed the case with $0 due in arrears. In Nov. of 2019 DES garnished $6000 put of $12,000 of a lump sum payout I received from Soc. Sec. Disability. The following month Dec. 2019 I get letters from DES stating I owe over $100,000 in arrears and that they are to begin garnishing roughly 60% of my monthly disability check of $1190.
What is going on and can I (1) stop this garnishment? (2) Get the $6000 back that has been taken? (3) Can I sue DES for wrongful garnishment and /or on any others grounds? I spoke with an attorney and he stated that my situation is rare and sounds like a clerical error happened somewhere along the lines. Attorney also mentioned something about Attorney Generals office needs to be contacted. I spoke with the custodial parent and she claims she has nothing to do with this etc. We have always been on good terms and would not lie to me about this matter.
Any and all help/advice is welcome. As stated I am on disability and have been since Jan. 2016 and cannot afford to hire Attorney on retainer. I have done much research on this matter but, seems that there isn't much info out there in regards to this matter. All I find is info about custodial parents rights and nothing about non custodial patents rights and violation of.
 
Last edited:

stealth2

Under the Radar Member
First off - were you paying any support ordered and might Mom have been receiving state aid?
 

LdiJ

Senior Member
State of AZ.
Hello to all!
First off in advance, I would like to thank any and all persons who take any of their time to read and/or comment on my post/questions. The issue I have at hand has been very trying on me and my health, physical and mental and any help I receive is truly greatly appreciated. Anyways! To the issue!
Background= I am non-custodial parent
In Jan, 2000 Is when my case was opened. I have 2 children that were part of this case. Oldest child is 23 now. Was married a few years back. Youngest turned 19 in Jan 2019 and has been living on her own since 18yrs old.
. In March of 2015 DES closed the case with $0 due in arrears. In Nov. of 2019 DES garnished $6000 put of $12,000 of a lump sum payout I received from Soc. Sec. Disability. The following month Dec. 2019 I get letters from DES stating I owe over $100,000 in arrears and that they are to begin garnishing roughly 60% of my monthly disability check of $1190.
What is going on and can I (1) stop this garnishment? (2) Get the $6000 back that has been taken? (3) Can I sue DES for wrongful garnishment and /or on any others grounds? I spoke with an attorney and he stated that my situation is rare and sounds like a clerical error happened somewhere along the lines. Attorney also mentioned something about Attorney Generals office needs to be contacted. I spoke with the custodial parent and she claims she has nothing to do with this etc. We have always been on good terms and would not lie to me about this matter.
Any and all help/advice is welcome. As stated I am on disability and have been since Jan. 2016 and cannot afford to hire Attorney on retainer. I have done much research on this matter but, seems that there isn't much info out there in regards to this matter. All I find is info about custodial parents rights and nothing about non custodial patents rights and violation of.
If the case was closed in March of 2015, and your youngest turned 19 in January 2019, then the case was closed when your youngest was only 14 or 15. So, despite the fact that the DES closed the collection of child support through the state, you would still have owed the court ordered amount. However, its not very likely that it would have amounted to 100k over just 4 years unless you had been a very high wage earner prior to your disability. That is unlikely due to the amount of disability that you are receiving. The amount you are receiving tends to indicate that you were a modest wage earner.

Therefore I do tend to agree with the attorney you spoke to that an error has been made. It may be that someone with the same or very similar name owes that back support. The problem is going to be proving it. That can be difficult to do without an attorney.
 

Zigner

Senior Member, Non-Attorney
I don't see anywhere that you contacted DES to discuss the matter...
Or, for that matter, the Attorney General's office, as suggested by the attorney you spoke to.
 

EddieG777

Member
I don't see anywhere that you contacted DES to discuss the matter...
Or, for that matter, the Attorney General's office, as suggested by the attorney you spoke to.
I have spoken with DES. REGARDLESS, does it matter if I contacted those offices in regards to me asking a question here about my situation? Please, if you have nothing USEFULL to say than don't waste either of our time.
 

Zigner

Senior Member, Non-Attorney
I have spoken with DES. REGARDLESS, does it matter if I contacted those offices in regards to me asking a question here about my situation? Please, if you have nothing USEFULL to say than don't waste either of our time.
Do you honestly believe that a bunch of random strangers on the internet can provide better information than the folks actually involved?
 

EddieG777

Member
Yes, I paid my monthly support every month. Mom was receiving state aid but, only for roughly 6 months and that was in the beginning of year 2000. All TANF funds have been paid back to the state.
 

EddieG777

Member
I'm not necessarily looking for
Do you honestly believe that a bunch of random strangers on the internet can provide better information than the folks actually involved?
I'm not looking necessarily for "better" info. I'm here to try to see if anyone has ever dealt with a situation like this previously and may have some "advice" and/or any "helpful" info to offer. That is the purpose for this website correct, or am I mistaken?
What is the purpose of your comment? You offer no advice. Why even waste the time? I truly don't understand.. freeadvice.com Correct?
 

Zigner

Senior Member, Non-Attorney
I'm not necessarily looking for

I'm not looking necessarily for "better" info. I'm here to try to see if anyone has ever dealt with a situation like this previously and may have some "advice" and/or any "helpful" info to offer. That is the purpose for this website correct, or am I mistaken?
What is the purpose of your comment? You offer no advice. Why even waste the time? I truly don't understand.. freeadvice.com Correct?
Nobody has been in YOUR situation. Speak to the involved folks, not random internet strangers.
 

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