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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).