Wrongful Arrears

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[LeahToTheExtreme]

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My husband received a letter from DES Child SupportEnforcement stating that he was in excess of $42,000 in arrears. The firstletter stated that they would be putting a lien on any personal and realproperty, the second stated they would be putting a lien on any tax returns hewould be receiving. When he called the number on the letter they said that hiscase was under review and the next step would be a bench warrant. For the firstcouple of years after his divorce he paid his support directly to his ex-wifeby depositing his payment directly into her bank account and on some occasionspaying daycare directly and paying the balance of his payment to her. But inthe last 2 years he began paying through the “clearing house”, where hissupport is automatically deducted from his paycheck and then dispersed to hisex-wife. In January he went to court and had his support re-evaluated and atthat time his support did go up a little but there was no mention of anyarrears owing by his ex-wife or the court. Then he received a frantic call from his ex saying that hersupport hadn’t been deposited, even though it had been deducted from hispaycheck. She called DESCSE and they told her that the case was under reviewand her support was being held so she told them that was ridiculous that shehad always gotten her support and she was willing to sign an Affidavit ofDirect Payment, once she picked up the forms though she told my husband thatshe would only sign the form if he gave up some of his visitation time and whenhe refused she told him he was on his own and she didn’t care if he went tojail. Then on Oct 15^th my husband’s work was served with anamendment to his support with an increase of $359 per month. What can we do tostop this and also to have the court require her to show her bank statements toshow proof that she received her support in addition to any proof that we have?Also, she is currently receiving food stamps/medical insurance through thestate even though she has 2 jobs. Does that have any relevance? And how is itthat the state is pursuing him even though his ex-wife has never made any kindof allegation of non-payment?

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[gemini3]

Because the state gets money from the federal government for the collection of child support.  I am assuming that, with state budgets being down, we will be seeing a ramp-up on child support collection because it directly benefits the state to do so.
 
As far as what your husband can do... depends on what state you're in.  Usually if there's an amendment to the support order you would get a letter as well, and it would have information on how you can appeal the decision. 
 
Also, what would they be basing this on?  Has your husband provided them with recent earnings statements?
 
I'm shocked that this is the first you're hearing of this with a $42,000 tab. 

[LeahToTheExtreme]

We live in Arizona. When he went to court in January, he actually initiated the request to modify his support for three reasons actually, 1. At my insistence he went down to set up automatic payment to the clearing house, because I was tired of making his exe's deposits (I would get phone calls starting at 9:10am on the 1st & 15th wanting to know if I had made her deposit yet) plus I knew that he needed to be getting credit through the clearing house for all of his payments. 2. We have a daughter together and he received a credit for any other biological children he supports. 3. He started a new job and needed to have his new income evaluated in addition to her income because she was claiming that she wasn't going to work anymore, she was just going to go to school after leaving her then 2nd husband. At that hearing no mention was made of any arrears, and it was stated to the Judge that she was on assistance. So at that time he provided his paystubs so that they could evaluate his income, He provided the last 6 months of stubs.

We are totally shocked too! That is a pretty hefty bill for them to just out of the blue in the last couple weeks start sending letters an take such action.

[ocean]

Sounds like she is getting state aid and the state comes after both parents to pay. If she is receiving any assistance then your husband will be asked to pay back the state.
You can file a modification and clarification. They can take up to 65% of his check if he is in arrears. Gather up all the deposit slips and go down to child support office. Sometimes you can walk in, sometimes you can make an appointment. See if you can find out what happened from them. If they cant, then you will have to file in court to get the arrears addressed.

[asof2005]

where we live payments made directly to the receiver and not through the Friend of the Court do not count, maybe that is where the bill gets high.  Like if you handed her $100 every week even with a receipt, they don't count it.

[LeahToTheExtreme]

Since my last post things have progressed a little and I have some questions. My husband wrote to DES requesting an administrative review and they sent us a final determination basically saying they felt they were correct so they have placed a lien on personal/real property and tax returns and also added an additional $350 to his garnished child support payments. On the letter it stated that he could request a judicial review through the court but we have no idea how and so far DES and the self help/law library have been no help. We did go to a free legal assistance program and basically all they said was to file a blanket motion, be detailed, etc. But I don't know what wording to use and I also don't know what goes where meaning who is the plaintiff, who is the defendant, etc. ? Do we attach our proof when we file or do we wait and submit it at the hearing? PLEASE HELP....we are already struggling as it is and his ex wife is really taking advantage of this whole situation. We have now had to declare bankruptcy (which she has been rubbing in my face at every opportunity) and we are struggling to just feed our other children. We need to have this situation rectified and we only have 35 days to request a judicial review.

[MixedBag]

Yikes! 
 
I suggest yes, you file a motion with the courts requesting a full hearing and YES attach copies of receipts, not originals.
 
I'm suggesting to attach the receipts because you have to show that they are potentially wrong for their decision which will warrant a full hearing.....not just an "I am requesting a hearing" -- basically prove it -- but keep the originals.
 
And I wish you all the luck in the world....sounds too like you're dealing with a arrogant administrators.

[LeahToTheExtreme]

After speaking with an atty today the suggestion was to file a petition to modify arrears and attach my proof. Do you have any suggestions on where I can look for the wording in the petition?

[LeahToTheExtreme]

Thank you for the suggestion to file a motion for a full hearing. I'm a little jambed up on how to do that. I think I'm supposed to file a petition to modify arrears, but unfortunately AZ doesn't really have a self-help form for that. I was wondering what wording I am supposed to use to request that.....help, please!!!!

[saddadinok]

You are the respondant and the other person the defendant...check with your court house...they should have a Justie Corp..that can help you with any forms that you are having trouble filling out!!! an any questions to the legalities!!! hope that helps!!!

[MixedBag]

Think outside the box.
 
Every motion isn't going to have a pre-printed form version.
 
BUT follow the basic outline where it comes to the header part.
 
Then the subject becomes "Motion for Full Child Support Hearing" -- or something close.
 
Then...
 
"Comes now the Dad with a Motion before this court to request a full hearing regarding child support arrears assessed by the County's Department of .....blah blah blah.    The Father has consistently paid XXXX to the Mother over the last XX years and believes he is current on his court ordered child support payments.....you get the idea.
 
And explain WHY dad disagrees with the current decision.
 
Wherefore, the Dad requests that:
 
And then list the results that DAD thinks is right and that he would would like to see.
 
Sign it via a notorized signature.
 
NOW....I'm no attorney.
 
But hopefully this will get the ball rolling and someone's attention, and things resolved.