Violation of Rights to Due Process

[Kickedbysystem]

What is the name of your state (only U.S. law)? SC/FL/KY

I live in SC. Kids live in KY. Original order issued in FL. Order stated jusridiction retained by FL. Injured in 2001. Could no longer work as of 2002. Been requesting review/modification of order since 2002 and every state I've applied to has denied me claiming to not have jurisdiction. One attorney in SC says my rights to due process have been violated yet I still can't seem to get any court to review and modify.

Anyone have any suggestions? I can't afford attorney and can't get Department of Social Services to make anything happen here in SC. Is it possible to sue a state for inaction and violating my rights to due process in a matter like this?

My wife I send what we can when we can to my kids and one is now grown, but I no longer make what I was originally ordered to pay. I just want fairness.

 

[Proserpina]

When was the original order made, and when did both of you move from Florida?

 

[goddessoflubboc]

You have not worked since 2002. Are you collecting SSDI?

Florida should be doing the mod. Did they tell you why they will not?

 

[Proserpina]

Check OP's post history.

 

[Proserpina]

You have not worked since 2002. Are you collecting SSDI?

Florida should be doing the mod. Did they tell you why they will not?

Florida does not have jurisdiction.

OP's prior post:

This is a complicated situation and will make some good reading. This will go from June 2001 to present and be very basic. Adding all the details would be painfull.

In June of 2001 my husband was injured (not on the job). He was able to continue paying child support until April 2002 when the dcotor ordered him out of work. The original order was from FL. He lives in SC and ex had moved to WA State. FL denied help with modification of CS order, claiming no jurisdiction. He applied to SC for help. SC denied, claiming no jurisdiction. Applied to WA State, but ex moved to LA. Applied to FL again because they ordered a wage withholding when he got PT job while going to college in 2003. FL denied again (no jurisdiction, but can order wage withholding????). Applied to LA for help. They had started to process, but due to large case DA said it could take some time. Meanwhile ex moved again, to VA. At this time oldest child moved in with us (father and step-mother) October 2003. Modification agreement was signed by parents agreeing to no further child support and father would pay the current arrears at that time of approx $5000. This was filed with the Clerk of Court in FL. Child went back to ex in December 2003. In Feb 2004 ex requested that the step-father be allowed to adopt both children. Father agreed and signed consent papers hoping to end the emotional abuse the ex was continually inflicting on the children in order to hurt father. For just over 2 years father was out of contact with children and could not get any information on the adoption proceedings. In April 2006 a call from the step father confirmed that the adoption would not take place. Meanwhile, federal tax interceptions have taken place since 2003. In 2005 the FL order was registered in SC for enforcement. The SC attorney for the Deparment of Social Services ordered a Suspension of Ongoing Support and Arrears to stop any action against father until further order of the court. Contact was supposed to be made with FL to straighten out mess. Ex now lives in KY and has applied for services with them. 2008 - KY has sent the FL order to SC to be registered (though it already is) and enforced. Father has a disability case pending in SC (waiting for a judge to be assigned). His attorney just passed away, so his case will be reassigned at some point. I have e-mailed the SC state attorney about the current and recent events. No response so far. KY says the Suspension order was interpreted by their attorney to mean that the order stopped any action by SC not FL.

How can no state in the union claim jurisdiction, yet get an order registered and enforced? My husband's constitutional rights to due process have clearly been violated. Why will no state take action to modify an order he clearly cannot pay but will do everything they can to enfore it? Can anyone out there share any wisdom on this?

Note the bolded.

 

[goddessoflubboc]

I didn't realize there was a post before the first one I saw. Hopefully my new phone will work better all around.

Nevertheless, the post I saw said FL had maintained jurisdiction, and this did not surprise me. They have maintained jurisdiction on my personal case, despite me moving to TX and the ex moving to practically everywhere

 

[Kickedbysystem]

My wife's original post shows how complicated this has been. I was trying to leave it simple this time since we had no responses to the original post.

Got a hearing on my SSDI and still waiting for the results.

The problem through the years has been getting one state to claim jurisdiction. Every time I get a notice saying that I have the right to contest the determination of arrears I respond and then get the same denial from each state. How do i resolve that? Is there anyone higher up in any state that I can go to? I think it would now be between SC, KY, and FL. None of us have lived in FL since 1999.