My question involves child support in the State of: MI, FL, NC
I'm the custodial parent owed arrears.
Readers Digest:
Temporary order for arrears with restraining order several months before divorce in 1996. Arrears were at $3K at the time of our divorce, which stated he was to pay $118.00 per week total for two children. We were also to split medical related expenses and any child care related expenses. Due to the arrears the amount of each weekly payment was to be $142.18.
I remarried and moved to NC in 2001. Support payments were never consistent.
The noncustodial parent moved to Tennessee. I applied for services in North Carolina in September 2004. North Carolina asked Florida to close my case and Tennessee registered your order in September 2005. The noncustodial parent moved to Michigan in 2006, and an interstate case was opened.
I received support on and off... mostly off because at one point the arrears were at $32,000.00 and I pressed for MI to file felony charges. It was also around this time I discovered my X mother-in-law, my x-husbands mother, worked in his county's Child Support Enforcement office at this time, and had also worked in their county's jail. I also raised a fuss about 'conflict of interest'. MI's FOC never once used anything at their disposal to get support (he was actually issued two business licenses while arrears were well over $20K, never took licenses, etc).
About a year and a half ago I stopped receiving payments again, and every time MI generated a letter to me about a hearing, I'd receive another saying the hearing was postponed. I never received letters from NC about hearings. When I contacted MI this time around they said that my X-husband received a lump sum of money, however it was confidential and I was not allowed to know any more about this. This went on for months and when I'd call they'd assure me that they saw proof of this pending lump sum payment he was going to get, and that he was going to pay off the arrears amounts (around $10K at the time). This never panned out.
I received some more payments here and there, and stopped receiving payments again. This time he was going to petition FL to close it's records/case because they still had his arrears amounts at $100K+. I became irritated at this being another stalling technique. I began contacting my NC caseworker to ask for an actually face to face appointment, and never received one. I contacted MI FOC and spoke to the clerk on speaker phone with a witness present with me. I asked her specifically if FL closing it's obviously incorrect records would in any way affect the remaining $4K arrears MI had on record and she stated NO.
I kept pressing my NC case worker to not let this go citing my past issues with my X-mother-in-law working in the CSE office in MI, and that I never get information generated from NC about hearings and that the MI FOC clerk told me I can not continue to contact them, that I needed to go through NC.
I kept getting letters about the hearing, and then I'd get letters saying it was postponed.
Finally I received a letter about the hearing date, and it was POST MARKED AFTER THE HEARING. I then immediately received another letter stating the hearing results:
Once again I started pressing NC as to HOW this happened.
My pressing NC (by me leaving voice messages with my case worker and through emails to my case worker and her supervisors) resulted in a supervisor contacted me via telephone in September to inform me that had the arrears money 'on hold' and it would be cleared to me at the end of October.
Then I received a letter stating the case was completely closed and the arrears amount was now $0. Confused I contacted my caseworker, again, who confirmed that I would not be receiving that money that ws on hold.
Florida could only close the case if either you or the noncustodial parent filed a motion to close the case and strike arrears. In June 2014, the noncustodial parent filed a motion in Florida to close the case, and the judge honored his request. However, the arrears were not addressed. He later filed another motion to address the arrears.
The later was that same exact hearing to close the FL case (once they got off the phone with the FL judge the MI FOC cleared the arrears based on FL's now updated records).
I have been raising h*ll ever since and the best I get back from NC is the statement above.
These are the final replies I received from NC on the same date around the same time, via email:
Dear Ms. ABC:
This is in response to your email dated October 7, 2014, to the Administration for Children and Families regarding your child support case. You requested assistance with collecting the arrears on your case.
We contacted the Florida Child Support Enforcement, the Michigan Office of Child Support and the North Carolina Child Support Enforcement agencies about your case.
North Carolina agency's records show that your case was originally a Florida order. The noncustodial parent moved to Tennessee and you moved to North Carolina. You applied for services in North Carolina in September 2004. North Carolina asked Florida to close your case and Tennessee registered your order in September 2005. The noncustodial parent moved to Michigan in 2006, and an interstate case was opened. Florida could only close the case if either you or the noncustodial parent filed a motion to close the case and strike arrears. In June 2014, the noncustodial parent filed a motion in Florida to close the case, and the judge honored his request. However, the arrears were not addressed. He later filed another motion to address the arrears.
Michigan agency's records show that you spoke to a representative when the initial hearing was scheduled and you were told that you could appear by telephone, however, your request would have to be in writing. You didn't follow through with your request in writing.. The 21 day waiting period expired and the case closed.
On September 3, 2014, the North Carolina attorney reviewed your case and determined that the tax offset that was being held would be released to you. You may contact your local child support office for an update on this process. The case will stay in closed status.
We hope this information is helpful to you.
Dear Ms. ABC:
I have reviewed your case file and the pertinent orders, specifically the Amended Michigan Order that adjudicated your arrears at $0.00.
As you know, our agency was relying on the Michigan order that adjudicated arrears at $3,900.00 although there also existed another Michigan order that was contrary or ambiguous. When you spoke with Mrs. Frances Avery, she informed you that we had scheduled the monies to be released based on the order adjudicating arrears.
Shortly thereafter, we received an amended order on September 25, 2014 that corrected the arrears balance at $0.00.
We cannot continue to keep Mr. ABC's monies on hold as we do not have a legal right to do so as the last order has his arrears as $0.00. I have directed that the monies be released to Mr. ABC. If we had any legal basis to release the monies to you, we would and tried. The State of North Carolina cannot disregard another state's order as we would expect they would obey the law in enforcing North Carolina's order.
I regret there is not more that we could do.
Best wishes to you,
Sincerely,
Penny K. Bell
Harnett County Attorney
Post Office Box 2169
Lillington, North Carolina 27546
910-814-6552
910-893-6604 (Fax)
Do I have ANY means to get those last arrears?
I'm the custodial parent owed arrears.
Readers Digest:
Temporary order for arrears with restraining order several months before divorce in 1996. Arrears were at $3K at the time of our divorce, which stated he was to pay $118.00 per week total for two children. We were also to split medical related expenses and any child care related expenses. Due to the arrears the amount of each weekly payment was to be $142.18.
I remarried and moved to NC in 2001. Support payments were never consistent.
The noncustodial parent moved to Tennessee. I applied for services in North Carolina in September 2004. North Carolina asked Florida to close my case and Tennessee registered your order in September 2005. The noncustodial parent moved to Michigan in 2006, and an interstate case was opened.
I received support on and off... mostly off because at one point the arrears were at $32,000.00 and I pressed for MI to file felony charges. It was also around this time I discovered my X mother-in-law, my x-husbands mother, worked in his county's Child Support Enforcement office at this time, and had also worked in their county's jail. I also raised a fuss about 'conflict of interest'. MI's FOC never once used anything at their disposal to get support (he was actually issued two business licenses while arrears were well over $20K, never took licenses, etc).
About a year and a half ago I stopped receiving payments again, and every time MI generated a letter to me about a hearing, I'd receive another saying the hearing was postponed. I never received letters from NC about hearings. When I contacted MI this time around they said that my X-husband received a lump sum of money, however it was confidential and I was not allowed to know any more about this. This went on for months and when I'd call they'd assure me that they saw proof of this pending lump sum payment he was going to get, and that he was going to pay off the arrears amounts (around $10K at the time). This never panned out.
I received some more payments here and there, and stopped receiving payments again. This time he was going to petition FL to close it's records/case because they still had his arrears amounts at $100K+. I became irritated at this being another stalling technique. I began contacting my NC caseworker to ask for an actually face to face appointment, and never received one. I contacted MI FOC and spoke to the clerk on speaker phone with a witness present with me. I asked her specifically if FL closing it's obviously incorrect records would in any way affect the remaining $4K arrears MI had on record and she stated NO.
I kept pressing my NC case worker to not let this go citing my past issues with my X-mother-in-law working in the CSE office in MI, and that I never get information generated from NC about hearings and that the MI FOC clerk told me I can not continue to contact them, that I needed to go through NC.
I kept getting letters about the hearing, and then I'd get letters saying it was postponed.
Finally I received a letter about the hearing date, and it was POST MARKED AFTER THE HEARING. I then immediately received another letter stating the hearing results:
Once again I started pressing NC as to HOW this happened.
My pressing NC (by me leaving voice messages with my case worker and through emails to my case worker and her supervisors) resulted in a supervisor contacted me via telephone in September to inform me that had the arrears money 'on hold' and it would be cleared to me at the end of October.
Then I received a letter stating the case was completely closed and the arrears amount was now $0. Confused I contacted my caseworker, again, who confirmed that I would not be receiving that money that ws on hold.
Florida could only close the case if either you or the noncustodial parent filed a motion to close the case and strike arrears. In June 2014, the noncustodial parent filed a motion in Florida to close the case, and the judge honored his request. However, the arrears were not addressed. He later filed another motion to address the arrears.
The later was that same exact hearing to close the FL case (once they got off the phone with the FL judge the MI FOC cleared the arrears based on FL's now updated records).
I have been raising h*ll ever since and the best I get back from NC is the statement above.
These are the final replies I received from NC on the same date around the same time, via email:
Quote:
Dear Ms. ABC:
This is in response to your email dated October 7, 2014, to the Administration for Children and Families regarding your child support case. You requested assistance with collecting the arrears on your case.
We contacted the Florida Child Support Enforcement, the Michigan Office of Child Support and the North Carolina Child Support Enforcement agencies about your case.
North Carolina agency's records show that your case was originally a Florida order. The noncustodial parent moved to Tennessee and you moved to North Carolina. You applied for services in North Carolina in September 2004. North Carolina asked Florida to close your case and Tennessee registered your order in September 2005. The noncustodial parent moved to Michigan in 2006, and an interstate case was opened. Florida could only close the case if either you or the noncustodial parent filed a motion to close the case and strike arrears. In June 2014, the noncustodial parent filed a motion in Florida to close the case, and the judge honored his request. However, the arrears were not addressed. He later filed another motion to address the arrears.
Michigan agency's records show that you spoke to a representative when the initial hearing was scheduled and you were told that you could appear by telephone, however, your request would have to be in writing. You didn't follow through with your request in writing.. The 21 day waiting period expired and the case closed.
On September 3, 2014, the North Carolina attorney reviewed your case and determined that the tax offset that was being held would be released to you. You may contact your local child support office for an update on this process. The case will stay in closed status.
We hope this information is helpful to you.
Quote:
Dear Ms. ABC:
I have reviewed your case file and the pertinent orders, specifically the Amended Michigan Order that adjudicated your arrears at $0.00.
As you know, our agency was relying on the Michigan order that adjudicated arrears at $3,900.00 although there also existed another Michigan order that was contrary or ambiguous. When you spoke with Mrs. Frances Avery, she informed you that we had scheduled the monies to be released based on the order adjudicating arrears.
Shortly thereafter, we received an amended order on September 25, 2014 that corrected the arrears balance at $0.00.
We cannot continue to keep Mr. ABC's monies on hold as we do not have a legal right to do so as the last order has his arrears as $0.00. I have directed that the monies be released to Mr. ABC. If we had any legal basis to release the monies to you, we would and tried. The State of North Carolina cannot disregard another state's order as we would expect they would obey the law in enforcing North Carolina's order.
I regret there is not more that we could do.
Best wishes to you,
Sincerely,
Penny K. Bell
Harnett County Attorney
Post Office Box 2169
Lillington, North Carolina 27546
910-814-6552
910-893-6604 (Fax)
Do I have ANY means to get those last arrears?
Interstate Issues: Mi 'Magically' Erased $3,900 in Arrears Due to Florida Closing Their Records/Case
