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  1. #1

    Default Florida CSE Went Against Direct Court Order

    My question involves child support in the State of: Florida

    In July 08' child support ordered myself to a DNA test for an alleged child of mine. Tests came back positive. (not a problem)

    In October 08' I attended a requested child support hearing at the local office in regards to establishing monetary amounts. My lawyer was present. Arrears were to the amount of 5600 and payments were to be 300. Arrears were to be paid at 10% of monthly amount added on, Totaling to 330.00 a month. The CP agreed.

    In January of 09, CSE and the Dpt of Tresury intercepted my tax refund of 4700.

    When i asked the local CSE office why, they informed me that it was to pay off/towards the arrears.

    595.00 was to go to the state for her past use of public assistance and the balance to her.

    I advised my lawyer of this and he did not see it to be right.

    In May of 09, my lawyer and I went to court. The CP was present. The judge said that the case was an administrative case and could not be heard by her, and that we would have to petition the state to transfer it to the court system.

    In June 09, we petitioned the state and they agreed to let it be moved to the court system.

    June 09, We went to court, Myself, My lawyer,and my ex the CP.
    During court it was shown to the judge and state's attorney, that written in lay books and the CSE / Treasury that they are allowed to intercept your income, tax refunds,lotto winnings, ect if you are delinquent in payments for child support.

    From the time the child is born, to the time child support is established and agreed upon you have accrued your arrears. HOWEVER since you were not obligated to pay at that time they cannot be considered delinquent.

    The judge agreed, as did the state attorney. Also the CP agreed.

    The judge ordered the state to return my tax return within 20 days. And that my tax refunds are not to be intercepted unless for delinquent amounts owed.

    The Florida CSE did not apply or file for an appeal.

    Florida CSE did not return my money within 20 days.

    September 09' FL CSE issued the refund to the CP less the 595.00 for past use of public assistance/tannif.

    October 09' i visited the local office and asked them to explain how this had happened and what will be done. They said that it was set in the computer to be returned to me, but some one had override it and had it sent to my ex.

    I was told that i would be refunded the money and would have it shortly.
    Within that week, 2 days to be exact they sent me a check for the full amount.

    My ex then received a letter explaining that since they "over paid" her that they will be garnishing what i send her by 25% till the 4000.00 is paid off.


    She and i are great friends. Never had any issues and her Husband and i get along well. Same as for my better half.

    We went to close the case and get CSE out of the picture so her new husband could adopt the child easer. We were told what papers to fill out and sign and they were sent in to the state. The state reviewed the case and said that the case could not be closed.

    Since she now owes them, and i am required to make weekly payments, as long as i make my payments the state will take 25% from them to pay off her "dept"

    Now in Jan 10' i filed my tax return and once again it has been taken by the state. This time for 5500.00

    The state says that the money will be held for 180 days encase of a possible appeal by an injured spouse claim.

    I advised them that i filed as head of house hold and single. They then said that the computer has it set as "on hold"

    It has been 190 days now, the state CSE says that it is on hold and that the court order does not apply to them when i or my ex calls in.

    I am currently waiting on another court case.

    How can this go on, what if anything can i do but pay out to lawyers while the state has my money and makes interest on it?

    I would just say give it to her since she would give it to me but they will just eat 25% off the top.

    Is there anything i can do?

    ADAM

    P.S. Thank you for any advise or help.

  2. #2
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Florida Cse Went Against Direct Court Order

    I am shocked that you were $5600 in arrears for a time span of three or four months span and only had a child support payment of $300/month, and your lawyer didn't say nothing????? If you get another lawyer I wouldn't use that one.

  3. #3
    Join Date
    May 2008
    Posts
    582

    Default Re: Florida Cse Went Against Direct Court Order

    I was told that if you have $5000 or more of arrears you are automatically set up for a tax refund intercept. I would not have fought it because it would bring you that much closer to being done paying off a past debt.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Florida Cse Went Against Direct Court Order

    I expect the state is relying upon this case:
    Quote Quoting Dep't of Revenue, Child Support Enforcement v. Baker, 24 So. 3d 1254 (2009)
    Finally, the Department claims that the trial court had no authority under TRIP to restrict its ability to intercept or retain appellee's future IRS tax refund to satisfy past-due child support. We agree. In Department of Revenue ex rel. Jackson v. Nesbitt, 975 So. 2d 549 (Fla. 4th DCA 2008), the Fourth District held that the trial court lacked authority to order the Department to lift federally mandated restrictions on the father's passport due to the father's child support arrearages in excess of $5,000 because the trial court could not interfere with the statutory authority delegated to the Department to certify to the Secretary of Health and Human Services that the father was eligible for passport restrictions. This court followed Nesbitt in State, Department of Revenue v. Walton, 12 So. 3d 921 (Fla. 1st DCA 2009). These cases are applicable here because the passport restriction and tax refund intercept programs are all part of a comprehensive child support enforcement scheme. See generally State ex rel. Pittman v. Stanjeski, 562 So. 2d 673, 677-78 (Fla. 1990). The trial court was without authority to place restrictions on the interception or retention of appellee's IRS tax refund because this interfered with the authority delegated to the Department under TRIP.
    Under the case law, if your child support arrearage was over $5,000, the court's order was federally preempted

  5. #5

    Default Re: Florida CSE Went Against Direct Court Order

    My daughter was 16 months old at the time we finally were able to sit down with CSE.

    At the time that we originally went to court, my ex and i were going to close the case after the money was returned. Since she was paid, ad i was also paid it has turned this case into a fairly complex one. If the current 4000 goes to her 25% is taken by the state but does not show on my payments. therefore it looks as if i am the one actually paying back her debt.

    Since the state was told to repay me, did not file an appeal and ultimately did reinburse me, how could they turn around and then fight it at a later time? Nothing seems to make since and when it starts to something else changes the game.

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Florida CSE Went Against Direct Court Order

    Quote Quoting acessford101
    View Post
    My daughter was 16 months old at the time we finally were able to sit down with CSE.

    At the time that we originally went to court, my ex and i were going to close the case after the money was returned. Since she was paid, ad i was also paid it has turned this case into a fairly complex one. If the current 4000 goes to her 25% is taken by the state but does not show on my payments. therefore it looks as if i am the one actually paying back her debt.

    Since the state was told to repay me, did not file an appeal and ultimately did reinburse me, how could they turn around and then fight it at a later time? Nothing seems to make since and when it starts to something else changes the game.

    As soon as your ex pays the state what is owed to them, she can request that the DOR close thier portion of the case, leaving the case as a court case not being enforced by the DOR.

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