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OK, I am going to post this in the OR and NC (the two states in question) boards, so I can try to get a specific answer from an attorney.....

So, I posted recently about how DH's ex has filed saying that DH owes her $10K + from a NC support order. The paperwork she brought to the CSE office (in OR -0- where the current order is, and has been since Aug 2003) stated that DH was behind on the NC support order from Feb 03-Aug 04.

CSE did their own accounting, based on ex's paperwork, and came up with DH being $6K behind (for the dates of Feb 03-Aug 04). His caseworker is sending us copies of everything, along with the information on how to request a hearing.

Now, here's the thing: There was a NC court order from Feb 2003, in which DH was ordered to pay $1000/month. Then, the OR court made an order, beginning Aug 2003, for $800/month. DFAS (DH's pay goes through them) stopped the NC payments and started paying approximately Sept 2003. What they told DH, at the time, was that the OR order superceded the NC one because it was for the same children and it was newer. So, basically, the NC order no longer existed as OR took over. DH's attorney later confirmed that.

So, my question is: Did the NC stay in effect, even after the OR order started? Did DH owe money to both states? When his ex VOLUNTARILY withdrew her CS/SS case in NC in 2005 (she was STILL going after SS all that time -- even though she had also gotten remarried!), she did not bring up any past due CS, and the case was just closed in NC (we had moved to WA by that time).

Kids never lived in NC. Ex was on welfare in OR. OR Judge agreed that CS should have been done there from the beginning, like DH had kept saying.

His caseworker said they have to do all this based on the party asking for it. Now it would be up to DH to request the hearing, show his evidence, and prove he did not owe it. I'm wondering -- did we get bad advice, way back when, from DFAS and the old attorney? Does he owe for the NC order for that year, even though he was paying on the OR order? Or is ex just trying to "double dip" and get money she is not owed?

Anyone? Anything? Thoughts?

Abbie, I am in NC and have had to deal with NC CSE while having to deal with SC CSE. I know you asked for an attorney's advice but maybe this will help some???

To keep a long story short I filed for child support in NC in 1/07 as that is the state that I lived in. I filed for divorce in SC in 3/07 as I had rights to file there and since I worked in SC it was easier on me to have my attorney closer to my work for appts.

When I met with my attorney for the consultation I told him that I had a case open with the NC CSE and therefore no reason to ask for child support in my divorce.

Fast forward 1 year later and NC CSE had never been able to locate him so I still didn't have an actual order. My attorney suggested that I close out the case in NC and add the CS to my SC divorce to ensure that there was something ordered.

He told me that I would need to show proof that I had the case closed in NC as it was against the law to have more than 1 case open at a time, and once the divorce was finalized in SC to then have the SC CSE move the CS case to NC since that was the state of my residency.

Point is at least in NC and SC it is against the law to have multiple child support cases with multiple states. What this BM has done is VERY VERY VERY dis honest and I really don't think you will have a problem proving this.

I don't think you got bad advice as this should have fallen on the BM to make sure that only one CS case was open at one time. If you have all of your records of paying child support in OR while the NC was still open, I don't think you will have a problem.

Have you tried contacting the NC CSE? Will they hear you out on what has happened and will they accept proof of payment to OR while the NC order was still open?

Abbie, any update? I am very curious as to how this turns out!

Haven't gotten the info from OR CSE yet. I will keep you posted.

I do know that you are not supposed to have 2 open cases at the same time. His ex was trying to get the most out of him as possible. She even emailed him (way back) and told him she was going to do everything she could to take his entire paycheck.

She's a witch!