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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.
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.
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?
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.
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.
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.
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?
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.
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