We are not in Arreages!

[jacknjill]

What is the name of your state?California.

My husband's X as recently gone on welfare...Since she now has surrendered her rights to receive the child support directly to her, DSCC is collecting it from my husband through wage garnishment. That's okay with him, he can't deal with her anyway.

The problem is: DCSS thinks that the month support is $1000, but in fact is $500. They have it documented somewhere that is $500 per child...but is $250 per child...He's hired an attorney, gone to court with DCSS and the X, and all parties agreed that he is not in arreages, original divorce decree presented, show, and given to DCSS. DCSS doesn't know how they got it screwed up...Anyhow, it's been 3 months and they still keep taking extra $$ out. Also, he is getting monthly statements from them putting him even further into arreages... His attorney sent them another letter (copied him) stating that this needs to be resolved immediately. Yesterday, he just received his Tax refund and guess what.....$500 was taken out for back child support...he was livid... He's contacting the attorney again today. She's quite good and have straighenout out alot of issues the the X keeps pursuing, so we know it's not her, it's the system. They are only taking $500 per month in pay, plus $166 in back child support... You'd think they would be taking out $1000 in pay, if that was what they thought originally. Didn't make sense to me...

Has anyone has any experience with this???? How much longer will this take to straighten out?? Can he sue DCSS for his recurring attorney's fees, because this is their fault, not his???

 

[BL]

You say he's not in arrears and then state , he pays 166 toward arrears .

Since he is in the system as being in arrears the tax returns get intercepted automatically .

It all depends on what the Judge Ordered .

I doubt he can get attorney fees out of the SCEU .

 

[jacknjill]

You say he's not in arrears and then state , he pays 166 toward arrears .

Since he is in the system as being in arrears the tax returns get intercepted automatically .

It all depends on what the Judge Ordered .

I doubt he can get attorney fees out of the SCEU .

He is not in arrears or never has been. The $166 they are taking out extra is because their records are wrong. They think he is. He's gone to court over this, and the judge, attorney, DCSS and the X all agree that he has never been late and has $0 in arreages. It was agreed in court that DCSS would amend their records correctly, and reimburse him for the extra money they've taken. As a result of taking DCSS to court, we have a court order stating that this error in DCSS's part is to be resolved, and they are to stop taking out any extra money that is not owed to them, and reimburse my husband for the money they've stolen. My question is: It's been 3 months, and 2 letters from his attorney to DCSS and they are still taking out the money. How much longer will this take?? They drag their feet and innocent people are being victimized. It's their fault..they acknowledge it's their fault, yet the paperwork gets placed in the "we'll get to it, when we can" pile. The supposedly "arrears" even shows up on his credit report, and they have seized his tax refunds.... My husbands wants to show up at their doorstep demanding they stop, but we know how that will go....

Has anyone experienced a mess just like this?? if so, how long did it take to resolve...We can't be the only family going through this???

 

[BL]

Before SCU returned my tax intercept I had to send them a copy of the Judges Order .

Has this been done by the Attorney , or the person paying support's part ?

CSCU might know about it but they might not do diddly if they don't have a copy of the Orders ,

It shouldn't take 3 months after that . Start hounding them . Send a Copy of the orders with a Letter . Spell out what they keep doing and a DEMAND they IMMEDIATELY rectify the situation .

Keep hounding them ............

 

[jacknjill]

Before SCU returned my tax intercept I had to send them a copy of the Judges Order .

Has this been done by the Attorney , or the person paying support's part ?

CSCU might know about it but they might not do diddly if they don't have a copy of the Orders ,

It shouldn't take 3 months after that . Start hounding them . Send a Copy of the orders with a Letter . Spell out what they keep doing and a DEMAND they IMMEDIATELY rectify the situation .

Keep hounding them ............

The attorney has sent 2 letters, with copies of the order....My husband has tried calling DCSS, they told him" call your attorney", they can't discuss the case with him...He's left his attorney another voicemail, telling her that his tax refund had been seized... The first time the attorney sent them a letter with the copy of the order, they called her directly, apologizing and sent a followup letter that my husband's attorney forwarded to us. The letter stated that they were in error and would recitfy the situation. That was 2 months ago....I guess he just has to keep at it...It's frustrating as hell..

Anyone with any experience in this???

Thank you Blonde Lebinese for your input....

 

[seniorjudge]

"...He's left his attorney another voicemail, telling her that his tax refund had been seized..."

He needs to camp out in his attorney's office till she talks to him. Tell him to be polite but firm.

 

[R Wright]

Seems like their should be some sort of liability, It probly applies to everyone except DCSS gastopo. The only system more abused than the welfare. Totaly out of control. It's a money thing and far from a child thing. Thats my personal experience.