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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can the states of California and Orgeon collect at the same

Customer Question

can the states of California and Orgeon collect at the same time for (rears/current ) support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They cannot charge you for the same exact arrears twice. If you are paying arrears in one state, the second state cannot charge you for those same arrears. So you need to file a motion in court to terminate support collection in the second state and you need to prove that you are making payments to the original state to the other state in the court action. If you prove this to the second state in court, then the court will issue an order to stop collections and allow the one state only to collect.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. Please refrain from opening new questions to follow up with us on this issue.

I saw you contacted them and they claim they will cease collections, but if they have not done so, then court is the only way to get it stopped. Also, you only are liable to pay ONE agency the arrears, not both. So if they do not stop the garnishments and consolidate what you owe and stop trying to collect in two states for the same exact debt, you have to go to court as I said.

Customer: replied 1 year ago.
Spoke to both caseworkers in Oregon and San Bernandino and said that they will not cease collection of orders.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for clarifying.

Again, I did not tell you to speak to the case workers, I already knew that is a useless step. I told you that there is only one way to stop this and that is going to the court where the 2nd collection is occurring (the 1st state is the one where the original court order was issued for support) and you have to file a petition in that court to terminate arrears payments. In the court you have to produce proof that it is being paid in the 1st state and as such they are collecting twice for the same debt and ask the court to issue an order to the child support enforcement unit to cease collection.

If you want to get this stopped that is the process you need to follow.

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