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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 What they told DH, at the time, was that the OR order superceded the NC one because it was for the same children and it was newer.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?

Yes, ex is clearly trying to double dip. Obviously, this is not a matter of payments being stopped at all (everything having gone through DFAS), just changing CSEU's and court orders. DFAS did not err. They have to follow the most current order. Further there were no arrears in NC before the case was transferred and the order changed. Your most important paperwork is going to be accounting from the DFAS clearly showing payments were continuously made to NC right up to the date the order was changed.

It's also obvious the period of time in question is Feb 03 to Aug 03, not Aug 04 (who came up with Aug. 04???).

Normally if a CP moves from one state to another and wants the new state to collect support, one of the first things the new CSEU must do is contact the old state and have all the casework file transferred to their unit. The previous state may have the option to collect on arrears still, but again obviously there were no arrears at the time it was transferred.

What's confusing me here is, how in the world could NC "not" know the case was closed in 2003 when they obviously had to transfer it before then? How is it that BM even had the opportunity to "voluntarily close the NC in 2005?"

Can you detail for us how the caseworker arrived at $6k?

[quote=BeaverFever]Can you detail for us how the caseworker arrived at $6k? [/quote]

Not yet! I am waiting for the paperwork from OR CSE. They did a month by month accounting. I will let you know once I get that!

I hadn't thought about getting an accounting from DFAS. I will check into that on Tuesday! Thanks.



DH's ex wife gave (in the caseworkers words) "tons of papers" to OR CSE. It took them several days to sift through and organize what she brought them. His ex told OR CSE that the NC order was in effect until Aug 2004!! (Just another lie in her long list of them!)



The CP (ex) NEVER lived in NC! She lived in OR! She filed for divorce in OR. DH simultaneously filed in NC. She filed for support in OR (actually, the state did, cause she was getting welfare). DH was stationed in NC. Then ex found out that NC does not unpute income (OR does), so she filed for child and spousal support in NC. DH gave OR jurisdiction over himself for support, but kept the divorce case going in NC (it got complicated and convoluted -- believe me!!). Ultimately, NC did the divorce and OR did the custody/parenting time and child support (no spousal support was ordered). Meanwhile, ex kept pushing to get support through NC as part of the divorce (even after she got married and OR had already ruled on the child support!). Finally, we moved to WA state, and DH sent a letter to the court telling them that he was no longer a resident; child support was being handled by OR; and ex got remarried -- so all matters should be removed from the calendar. 6 weeks later, we got a CC of a notice from ex's attorney that he filed, withdrawing all complaints. And, believe me: this guy was a jerk!! If there was money owed, that would have been in the paperwork!! He wouldn't have let it go!!!



The whole thing is confusing from the word go, because of both states handling different aspects of the case!



I think I explained that above.

Yes, it is very complicated. It would probably help to prepare a time outline, but for each step have the paperwork necessary to back it up to prevent any misunderstanding in court ahead. Maybe get one of those 1/2 binders with the plastic insert on the outside cover to put the time outline in, then inside of it organize copies of the documents and give that to the caseworker.

I wonder if she is going to or has already tried to explain away the two orders away by stating that the OR welfare department advised or pressured her to apply for the child support case in NC and that's it not her fault if she was mislead by the authorities.

Anyway, the main documents are the letter from the ex's attorney withdrawing it all, and the accounting records from DFAS showing they never missed a beat in payment and disbursed the correct amounts per court orders. I can't believe you're still waiting for the paperwork to come in. Maybe it's time to follow up and ask if it's been sent out yet.

[quote=HevnMaidMe] ...organize copies of the documents... [/quote]

I have already been accused by the last judge of being "too detailed oriented", so I don't think my organization of the facts will be in issue! :wink:

[quote=HevnMaidMe] I wonder if she is going to or has already tried to explain away the two orders away by stating that the OR welfare department advised or pressured her to apply for the child support case in NC and that's it not her fault if she was mislead by the authorities.[/quote]

I hope she does!! Because I still have the email from her to DH from 2002 where she said she found out she can get more money in NC than in OR, so now he wa sgoing to "get it up the a$$"!! Let her use the excuse you mentioned! I'm sure the judge won't take kindly to all that!

[quote=HevnMaidMe] I can't believe you're still waiting for the paperwork to come in. Maybe it's time to follow up and ask if it's been sent out yet. [/quote]

I have to wait. This is the process in OR! She made the accusation; CSE has done their investigation and accounting; now they send it to us with instructions on how to dispute it and request a hearing. So I am waiting for thos instructions. I called her last week. The packet was on her supervisor's desk for final approval and should have been sent Friday -- or will be sent Tuesday.

"I hope she does!! Because I still have the email from her to DH from 2002 where she said she found out she can get more money in NC than in OR, so now he wa sgoing to "get it up the a$$"!! Let her use the excuse you mentioned! I'm sure the judge won't take kindly to all that!"

LOL that would be a killer for sure, but I don't see why it can't be introduced as part of the timeline evidence of her deliberate threat. She actually followed through with it and knew full well it was illegal.

I don't know if you recall this, but somewhere around the time of the beginning of 2008, I got a series of threatening and vulgar messages texted to me from ex who was trying to intimidate and force me to settle before a child support hearing. At the end of the hearing the judge asked the standard questions, among them... has anyone tried to threaten or force you into this agreement? That was my cue to bring forth the documented messages and further proof of my ex's willful intent.

I posted an update on the support board......