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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Child Support Order wrong person

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In 2011 My job received a report for child support for me from a case in New Jersey. Turns out that the mom of that child had the same name as I do, so apparently they said that when they put the name and last name, somehow they got me. I then had to seen a copy of my ID and SSN so they could see that I was not that person whom they were filing that child support order, plus I am a Wisconsin Resident and never have I been to New Jersey, everything was ok, my check was not withheld. Time passed and a couple months ago, I tried to get a Loan for a house, but I was denied because it seemed that my credit score was low, turned out that I had a $4000 debt in collections that I never knew about. So I called them and told them that we had this fix and to remove it because it was affecting my credit score and instead I got another letter stating I needed to make payments on child support. My job told me that they received a statment that my check has to be withhold until I made those payments, legally there is nothing for them to do, and they feel bad becasue they know I am not this person. So I called again, talked to the lady working with the probation officer and they wanted me to send another fax with my drivers licences and SSN, and she said they would work on it and make an inverstigation and get it fixed. $ days after I talk to girl I get a letter at my house, saying that I have a court order in June and if I don't go I will get a Warrant for an Arrest. I live in Wisconsin, the mom lives in NJ, that child they are trying to Pin on me, was born in Dec of 2005 and my oldest son was born in Feb of 2006. What can I do, since when I call they say it will get fixed but then I get more letters? An attorney here can't help because it's a case in NJ and in NJ it cost up to 350 for just a consult.

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

The child support enforcement offices in every state are very hard to deal with, so what you are experiencing is not uncommon. DO NOT PAY ANYTHING, that is the first step. S

Second, while I know you might have money issues and it might be expensive, you are going to need an attorney in NJ to file a petition in the court to object to the support order and garnishment and get it vacated based on mistaken identity in that you are the wrong person. If you wait for child support to investigate, you will be a great grandparent before you might see the money, so I am afraid you will need to hire a family law attorney in NJ and get a court order in NJ to child support services to order them to cease and desist collection efforts from you and release your funds. This is just one of those cases where because of your situation and because of the distance you absolutely have no other legal recourse or choice but to get an attorney in NJ to file to object to the garnishment and holding of your pay and to also get the negative remarks removed from your credit report.

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