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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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is there a way to retrieve money from an out of state child

Customer Question

is there a way to retrieve money from an out of state child support agency that has been withheld beyond what the court order stipulates?
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : So this is a child support enforcement agency in another state? You did not say, but have you already tried contacting the agency to request a refund? If so, to what result?
Customer:

each time an IWO was issued and income was lost, i contacted the agency to terminate the IWO and requested a refund. the answers varied from the money had been disbursed to the money was put towards the end of the time frame for the court order; i could not complain about the withholding; they did not have the money; basically i was sol. they would terminate the IWO immediately however, realizing it was excessive.

LADY LAWYER : Thank you.
LADY LAWYER : The answer is yes, if you have already exhausted your administrative remedies of requesting a refund from the offending agency, then you can file a claim with the court for a return of your money.
LADY LAWYER : what is the amount in overages you paid?
Customer:

by my calculations (paystubs etc.) $1900+. who would i file a claim with? federal,small claims, and in which state. so far css orange county has been no help, only a hindrance.

LADY LAWYER : You really have two options: Sue the parent (recipient)who may have received the benefit payments directly, or sue the CSA Department, who will in turn sue the recipient. Your other option would be to sue both parties if you don't know who kept your funds.If you sue the recipient alone, you could sue in small claims since you are under the small claims limit. You would need to sue in county court in the county where the recipient lives.Suing the Department would require requesting an administrative hearing on the over-payment. If you have trouble receiving the administrative hearing, then you can go ahead and file your lawsuit. You will have to file in the state where the agency is located and in state court. You would need an attorney for this. In this case, if the Department is made to pay you back they will likely take action against the recipient, if the recipient indeed received the overpayment.
Customer:

the recipient claims she has received no extra funds (i believe her), besides which if the state disbursement unit issued these funds, it would be another violation of a court order. further, i dont see myself traveling to santa ana CA from reno NV and try to find a lawyer there. since the funds were transferred across state lines, wouldn't that be a federal issue?

LADY LAWYER : You could sue in federal court because two state agencies are involved if you are trying not to have to go to CA; however, just because the money crossed state lines is not reason enough to keep the case in federal court. You would have to argue that the federal court has subject matter jurisdiction based on either 1) a federal law that is at issue or 2) the parties have diversity of citizenship (live in different states) and the amount being sued for is at least 75k.
LADY LAWYER : If you file in federal court and the CSA contests it, they can get it kicked down to state court.
LADY LAWYER : but if they don't contest it, it will stay there
LADY LAWYER : In any case, you can use www.martindale.com to search for an attorney. You don't have to go to CA to do that.
Customer:

i don't mean to be a pain but, isn't it per federal law that a state has a right to cross state lines in order to collect child support? the case was opened in CA, i live in NV, and the recipient has lived in the state of Indiana since oct. 2011.

LADY LAWYER : You're not a pain at all. No, it actually is because of compacts between the individual states to enforce, or give reciprocity, to other state court orders.
LADY LAWYER : you don't want to file in fedral court. You will pay twice as much and it is much more difficult.
LADY LAWYER : You can hire an attorney without having to travel to CA. A deman letter may be enough to get a return of you money without even having to sue.
LADY LAWYER : *demand
Customer:

you may not be able to answer this but, should i wait for a response to my request for complaint and then seek a state hearing before pursuing that tact? or perhaps file a demand at the state hearing? my only fear is more money will disappear in the meantime and i'm already going to be in trouble with the irs because the $600 extra they have taken this month will leave me short on what i owe and i can't make it up in time.

LADY LAWYER : Your request for complaint being...?
LADY LAWYER : You should try for an administrative hearing with CSS. If you cannot get one, your next step is a deman letter and after that, a lawsuit.
LADY LAWYER : demand
Customer:

even though i have complained verbally and by letter, they have an official "request for complaint resolution form", and then your supposed to wait x amount of time and if your not satisfied with their response you can request a state hearing.

LADY LAWYER : Yes, you must exhaust all administrative remedies first before your lawsuit would be ripe.
Customer:

so 1. request a state hearing (given their responses so far, they aint giving it back). 2.failing that, issue a demand order against css?

LADY LAWYER : Yes on the first one. And send a demand letter from an attorney next saying to refund the money or you will sue.
LADY LAWYER : The demand letter is only is you are not refunded via an administrative remedy.
Customer:

i appreciate your time. it has given me some direction. i was hoping for a more expedient remedy, but i guess you have to play these things out.

LADY LAWYER : Yes, I certainly wish there was one that I could give you. I am glad you at least know the options you have from here on out. If you have any further questions, please just let me know. If not, would you kindly consider a positive rating at this time? Thanks!
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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