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Post by PaidMyDues on Jun 6, 2009 9:36:38 GMT -5
I will be as brief as possible and still give as many facts as I can. The state of Missouri is garnishing my taxes and has threatened my bank account and wages based on a child support order which has expired (per divorce and child support order). Furthermore, the state doing this never had any type of jurisdiction. Their reasoning is "we think the state holding jurisdiction made a mistake". All of this started when my ex wife falsely filed for child support after moving claiming she had never received a dime. This was squashed easily in court (a few years ago) by the state holding jurisdiction since I was smart enough to have my child support garnished by that state (jurisdiction state) and then given to her. I knew she would try to lie and cheat the system.
I don't know what to do, because of this state calling me a "dead beat dad" to my employers and trying to force them to with hold child support with out a court order, by sending them letters I have lost two jobs. This has put me under GREAT financial strain and has possibly irreversibly damaged my marriage.
The facts are, I owe no child support. I have never been behind or missed a payment and was even paying MORE than the state required. Financially I have been ruined, and my employment ability permanently tarnished, and my marriage is suffering.
Help? I have spoken with the state doing all of this, given them the paperwork proving I have NO arrearages and that there is NO open court orders and their only response to me is a threat of they'll get money out of me any way they can until they are satisfied.
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Post by Jim on Jun 6, 2009 11:21:18 GMT -5
This sounds like an extreme classic case of harassment, fraud, and extortion by the state. If what you are saying is true and you can prove that there are no arrears/no active order etc., you have a case against the state, yet going federal would be better because the state takes federal funding for child support and enforcement, thus, waiving their 11th Amendment and sovereign immunity claims.
Sounds as if they are violating the Fair Collections Act also and ruining an innocent persons life through fraud/extortion and harassment.
Hopefully you have everything documented and all your financial records to prove what you are claiming. They do this crap to alot of people and it needs to stop. Your claims of Jurisdiction problems are an issue that you may have against them too. Although Title IV-D (Fed) gains jurisdiction one way or another in these types of situations usually....
Contact all the local and state media outlets also and try to get this in the mainstream. Notify CSE that you are going to file a class action lawsuit against them for the reasons stated above.
Contact the member of this forum DadsRites if you want to file a lawsuit against them. DadsRites is a guru when it comes to this stuff, he charges a fee but not like the parasitic attorneys charge. He would know more than me about pursueing this from a legal standpoint.
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Post by PaidMyDues on Jun 6, 2009 16:43:53 GMT -5
Luckily I have everything and can prove what is happening to me is very true. I even have the court papers showing when my child support ended and when that document was logged with in the courts, signed by the judge and forwarded to all involved.
I want to thank you for your words of advice and the suggestion to contact DadsRites. I will be doing so immediately.
Thank you again!
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Post by Jim on Jun 6, 2009 17:18:16 GMT -5
Please keep in touch and let me know what happens about this. It would sure be nice to hear a good success story out of your situation. Plus you may be able to help others with your experience through this.
It seems once they start an action against you your guilty regardless. All it takes is an affidavit from the ex (doesn't even need to be true) and that is what they go by. The burden of proof is with you regardless of how fraudulent the affidavit is. I am going through this crap right now in GA, but not as nearly as serious as what your going through.
Hope you put a stop to these theives and their agenda against you.
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Post by PaidMyDues on Jun 6, 2009 17:42:33 GMT -5
Thank you. I only discovered what had been done after my taxes were garnished, until then I had no idea what was set into motion. To make matters worse, she has not allowed me to see my son. It has been a year since I was last able to see him, even after moving closer to him to try and have more time and build a better relationship. She has hidden him at friends and families homes and has even had her now husband lie to local police about their where abouts and visitation agreements. It's been a nightmare.
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Post by Jim on Jun 7, 2009 8:03:16 GMT -5
Thank you. I only discovered what had been done after my taxes were garnished, until then I had no idea what was set into motion. To make matters worse, she has not allowed me to see my son. It has been a year since I was last able to see him, even after moving closer to him to try and have more time and build a better relationship. She has hidden him at friends and families homes and has even had her now husband lie to local police about their where abouts and visitation agreements. It's been a nightmare. Another form of ex parte action, filing CS orders or actions against you without your knowledge. What kind of country is this to allow all of these injustices? Its sad that she is not letting you see your son, that is cruel to say the least if you haven't done anything to warrant a "non-fit parent status". I hear this kind of behavior all the time about vindictive parents, its an epidemic. Sadly one thing doesnt have to do with another in your case, you'll have to open up a whole seperate action for visitation and deal with the CS issue seperately, I'm sure you are aware of this. Do you live in the same state as your ex? You need to get something resolved fast about both these issues in my opinion. These situations are so unpredicable in courts, but you have to try regardless. Many Judges rule off the hip in many of these situations pertaining to visitation. They'll tell the ex to stop interfering with visitation and dismiss you both and the interference continues. Several contempts later and sometimes years later they may finally do something...maybe. There main hope is that you get fed up with it and just go away, don't let them win for your son's sake! You need to document a pattern of bad behavior legally against the ex and even then its difficult to get justice. You need to CRAM and study all the laws, codes, statutes, procedures etc about your case as fast as possible and prepare to do this pro se even if you have an attorney or paralegal help as you can never rely on an attorney to solve these problems for you. Sounds like you have your hands full and the light at the end of the tunnel is off in the distance..........your journey is far from over in my opinion just by the brief actions you have described by your ex thus far. She sounds like she is in no mind frame to cooperate one bit with you and that will prolong everything and be more harmful to your son in the long run. Parental Alienation and abuse of the legal system should be a crime with tough penalties, but almost always these abusers/ex's walk away scott free from all their frivilous actions......... |
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Post by ddddyyyy on Jul 14, 2009 21:04:35 GMT -5
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Post by ddddyyyy on Sept 3, 2009 3:20:25 GMT -5
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Post by Jim on Sept 4, 2009 12:10:15 GMT -5
ddddyyyy, what is up with the advertising html links at the bottom of all your posts? Just curious thats all.
Also, are you located in the United States?
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Post by JayReyes9969 on Nov 29, 2009 16:29:46 GMT -5
you mean to tell me that this could happen to me i only owe 527 dollars and i have been paying it every month but they keep garnishing my wages to the state. if i get this arreages paid there is a chance they might keep garnishing my checks.
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Post by Jim on Nov 29, 2009 16:36:10 GMT -5
as far as I know they will....they will continue the garnishment for the regular CS payments.
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Post by Harrison on Nov 29, 2009 20:34:08 GMT -5
Once they start, they don't stop. Lost a few good jobs cause they were taking so much I couldn't afford gas to get to work. I talked to them but it was a waist of time and breath.
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Post by JayReyes9969 on Nov 30, 2009 13:54:21 GMT -5
so how would i stop this if my arrarges are paid up. in the state of nevada.
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Post by Harrison on Nov 30, 2009 18:26:36 GMT -5
Nevada your not in arrears unless your 2 mo. and/or $1,000 behind.
Title 38 NRS 425.510 (7)
So you shouldn't be subject to any enforcement tactics.
As far as getting them to stop, you could talk to the case worker and point this out, but I wouldn't hold my breath and don't let her piss you off.
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Post by JayReyes9969 on Nov 30, 2009 21:14:20 GMT -5
yea you are right the last time i spoke to her she told me that the state automacticly garnish wages . so when i do pay off the arreages and they still take my money is there a way to get it back. like a law suit. or something.
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