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ANDREA,, Attorney
Category: Legal
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Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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I WAS TOLD MY CHILD SUPPORT CHECK WAS MAILED 6-11-12. IT NORMALY

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I WAS TOLD MY CHILD SUPPORT CHECK WAS MAILED 6-11-12. IT NORMALY TAKE 3 MAILING DAYS FOR DELIVERY. THE CHECK NEVER CAME. AFTER 10 BUSINESS DAYS CHILD SUPPORT SAID THEY WOULD RESEND ME ANOTHER CHECK. I CONTACT THE CHILD SUPPORT OFFICE ON 6-25 12 . I WAS TOLD MY CHECK WAS RETURN BACK FROM THE POST OFFICE . I VERIFED MY ADDRESS AND THE ADDRESS WAS CORRECT. THEY TOLD ME THEY SENT THE CHECK OUT AGAIN 6-26 12. I CONTACT MY POSTAL CARRIER TO ASK WHY IT WAS RETURNED ? MY POSTAL CARRIER TOLD ME HE NEVER SAW A CHECK OR SENT ONE BACK . THE SECOND CHECK NEVER CAME AND THE CARRIER SAID HE STILL HAVEN'T SEEN IT. NOW IM TOLD AGAIN I HAVE TO WAIT ANOTHER 10 DAYS. I'M NOW 2 MONTHS BEHIND IN RENT AND FACING EVICTION. WHAT CAN I DO PLEASE HELP?

Submitted: 12 months ago.
Category: Legal
Expert:  ANDREA, replied 12 months ago.

Hi, Welcome to JustAnswer

My name is XXXXX XXXXX X would be glad to help

I am so sorry to hear hear what Child Support Enforcement is doing to you. I can tell you this - Somebody in that office is playing games.


1. Was your child's father ordered by the Court to send his child support to the Support Enforcement Office instead of directly to you ? Or,


2. Is his paycheck being garnished and that is why the check goes through Child Support Enforcement ?


Thank you,


ANDREA

Customer: replied 12 months ago.

the father's income tax was was taking from IRS. the money went towards his balance for child support i received a letter from child support telling me about it.

Expert:  ANDREA, replied 12 months ago.

Please tell me if my understanding of the situation is correct -

1. Your child's father owes arrears (Back child support)

2. His IRS Income Tax Refund Check was intercepted and was to be paid to you to pay off the arrears;

3. Child Support Enforcement Office received his IRS Refund Check and they claim they sent this out to you twice, but they never did

Is this correct ?

Q. For what amount was this check ?


Q. How does he pay the regular monthly child support amount ? Are his wages attached, sent to Child Support Enforcement and then they issue their check to you ?


Q. Has that office lost any of your support payments like this before ?


Q. Do you deal with the same person all the time in Child Support Enforcement, or are you forced to speak with anyone who answers the telephone in that office ?


Thank you, XXXXX XXXXX look forward to your reply,

ANDREA

Customer: replied 12 months ago.

I spoke to the same two people twice. His pay checks suppose to be garnished havn't received anything yet. the order was placed sept. of last year. the check is around 4,000.

Expert:  ANDREA, replied 12 months ago.

Do you mean to say that an Order for Child Support was entered last September, 2011, along with a Wage Garnishment and you have not received even one check for child support ???

Customer: replied 12 months ago.

yes that is true.I have not received anything. So the arrears where adding up.

Expert:  ANDREA, replied 12 months ago.

I am so sorry to hear that you have received nothing. That is absolutely unforgiveable,


I will certainly tell you what steps to take, but I need to ask one last question -


Q. Has the Child Support Enforcement Office confirmed that the father's wages have actually been garnished pursuant to the Child Support Order ? Or, did he stop working, lose his job, or is working somewhere else and has not informed the Court so that his wages have not been Garnished the way the Child Support Order stated ?

Or,


Q. Have his wages been Garnished, and Child Support Enforcement has simply been misplacing the checks when they come in, instead of writing out their check and sending it to you ?




I need to know who has been screwing up so that I can tell you what steps to take


Thank you,


ANDREA

ANDREA,41093.9722962616

Customer: replied 12 months ago.

My childrens father said they began garnishing his check 2 weeks ago. I havn't received a check from his job neither. Child support told me 2 months ago a check from IRS was applied to my case, they told me the amount. They said I had to wait 30 days before they could release it. I was told it was released 6-11-12.

Expert:  ANDREA, replied 12 months ago.

Something went terribly wrong somewhere and it certainly sounds like Child Support Enforcement dropped the ball and you should not have to be paying the price because others do not feel like doing their job.


If I may suggest, file a "Petition for Accounting of Child Support". I do not know if they have a form for this that you can fill out because it is not something that everyone receiving child support knows about. Although, we are not supposed to draft pleadings for customers, I felt so badly for you that I drafted the following Petition for Accounting of Child Support . Retype it and file it as soon as possible. Ask for the earliest possible hearing date. Please review for accuracy of names, dates, etc.,

Center the title "PETITION FOR ACCOUNTING OF CHILD SUPPORT



1. On the ____ Day of September, 2011, this Honorable Court entered a Child Support Order in the amount of $____ which was to take effect immediately (the "Order") ; a copy of said Order is attached hereto, made a part hereof, and designated Exhibit "A".

2. The aforesaid Order also provided that the wages of the above-named Defedant were to be garnished.


3. Said Order further provided that any Federal Income Tax Refund ( the "Refund") owed to said Defendant for the Tax Year 2011, would be intercepted and applied towards payment of the arrears herein.

4. The above-named Defendant was in agreement with all of the aforesaid provisions of said Order.

5. Payments under and pursuant to the aforesaid Order were to be made to the Office of Child Support Enforcement. (Find out the official name of that Office and use the official name)

6. Petitioner believes and therefore, avers that the Office of Child Support Enforcement has the resposibility of assuring that child support payments are timely made to them and also has the responsibility of assuring that the Payees of child support receive the child support payments from their office in a timely manner in order to avoid hardship upon the children who are the subject of said Child Support Orders.

6. Petitioner believes and, therefore, avers that said Office of Child Support Enforcement was remiss, careless, inattentive, and lax in its responsibilities in assuring the timely receipt of child support payments and the timely forwarding of said payments to Petitioner.


7. As a result of the irresponsible and inattentive manner in which child support payments are handled by those who are charged with such responsibility, Petitioner has received no payments whatsoever in child support, or in payment of child support arrears.


8. To the best of Petitioner's knowledge, information and belief, the above-named Defendant has not held up any payments, nor does said Defendant have the benefit of such funds.


9. Numerous inquiries by Petitioner to the Office of Child Support Enforcement have remained unsatisfactorily unanswered.


10. Said Office has misrepresented to Petitioner that child support payments and the said Tax Refund were mailed to her two or three times, but were returned to said Office.


11. Petitioner has made several inquiries of the US Postal Service (the USPS") about these checks and has been informed by USPS that they are familiar with the subject Office, and that USPS neither received such envelopes, nor returned such enveopes to said Office of Child Support Enforcement.


12. Petitioner has received no payments whatsoever from said Office since the date said Order was entered, to wit, September ____ , 2011.


13. Petitioner and her children have been threatened with eviction, have experienced a tremendous amount of difficulty and hardship as a result of said Office mishandling they received and which should have been paid over to Petitioner.


14. Petitioner has been unable to receive any satisfactory answer or accounting from said Office as to the status of any and all payments owed to her.


WHEREFORE, Petitioner _____________ (Your Name) respectfully XXXXX XXXXX Honorable Court to Order said Office of Child Suport Enforcement to give to Petitioner a detailed accounting of all payments Petitioner should have received from September _____ . 2011 and the Federal Tax Refund for the Tax Year 2011, a date by which Petitioner will receive all payments owed to her, and such other and further relief as this Honorable Court may deem just and proper.


Respectfully submitted, (This goes on the right but I can't get it to format)



_________________________ (Signature Line also goes on the right)

Date: ______________ (Date is the only thing which goes on the left)

File this with the Office of the Court Clerk of the Family Court, tell them you are doing this out of desperation, that the Child Support Order is already 9 months old and you have received nothing, and would like the first available hearing date so that you can get an accounting of what that Office has been doing, because they certaily have not been doing their job. I am sure a lot of other cutodial parents are being subjected to the same thing as you are being subjected to.

Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything below 3 stars, it will appear as a negative rating against my name,




If you need clarification, please let me know by pressing the "Reply" button,

Thank you for allowing me to be of service,



ANDREA

Customer: replied 12 months ago.

Thank you for your suggestion, but I already have a hearing set for the 25th of this month for the past order not being enforced. I don't think I can be seen earlier then that date. I just thought it was a quicker solution to get the check promise to me that was suppose to be already mailed. I need that check now, I don't think I should lose my home when I have money out there.

Expert:  ANDREA, replied 12 months ago.

I agree with you completely,

I know that they only listen to one issue at the hearing, but see if you can ask for an "Explanation" at that tine because somebody has to light a fire under that office, You do not have his IRS Refund because they screwed up and are trying to blame it on the mailman, saying he did not delover it. The father does not have the Tax Refund because the check was intercepted. So, the only other party involved is Child Support Enforcement, so they have to be the ones messing everything up
since they are the only party out of everyone else who actually has the money in their hands,


Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything below 3 stars, it will appear as a negative rating against my name,

If you need clarification, please let me know by pressing the "Reply" button,

Thank you for allowing me to be of service,



ANDREA

ANDREA,, Attorney
Category: Legal
Positive Feedback: 97.6 %
Satisfied Customers: 9803
Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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