In May 16, 2006, my husband and I received a letter from the FL CS Enforcement agency regarding alleged arrears. My husband ex filed for CS in New York, but resides in Florida. The Modified CS Order requires that the CS be deducted from my husband's paycheck and then the monies would be handed to her by the CS Enforcement Unit. After the advice of the judge that the monies would arrive when they arrived, the ex still demanded that the CS be set up as such. The CS is deducted from my husband's paycheck every 2 weeks as required by the Order. We then receive these accusations of alleged arrears. We have been informed on several occasions because of the laspe between the 2 states that this would be an ongoing dilemna. You would think that this matter, which must occur frequently, has become worse. In our last tax returns, we were garnished because of the alleged arrears. I am extremely frustrated. My husband, God give him patience, has turned to shouting and screaming about how much he hates the ex. Since she will only continue to frustrate his life, I have opted to handle this matter. I have written letters requesting an administrative review, but it is to no avail because FL does not respond to any letters. What really frustrates ME is that I can't seem to FIX this problem? My questions are:

Even after CC RR letters to FL, what can I do to eliminate any future alleged arrears letter from FL if at all possible?

Can I have the obtain any information as to who is handling this file?

If the accusation for arrears were falsely filed against my husband, is there any restitutions I can seek?

Can we hold the ex accountable for any of this?

How can I obtain the money back from the Fed Gov?

Desperate in New York. Please offer me a solution. I think my marriages is being to show signs of cracking under this pressure.
:eek: :confused:

I understand your problem...I had a similar problem when I first started paying CS.

Does your husband's employer pay CS to a New York agency, which then sends it to Florida? Have him find out where the money is sent from his employer, then contact that agency to see if the money can be directly sent to the Florida agency. At worst, it would cost a stamp a month, but you would think in this age of direct money transfers between banks a payment system would be easy.

THIS IS IMPORTANT...I would recommend that if at all possible, your husband's employer send a once-a-month payment. The bi-weekly deduction system DOES NOT WORK, and gets you behind every month you only get two paychecks (which is 10 of them a year). I am fortunate to work for a small business where our accountant can simply make a payment to CS near the beginning of the month and deduct from my checks for that month as needed. Hopefully, your husband can set up a similar system. It keeps me from getting behind, and keeps my ex happy since she receives the whole amount earlier in the month.

Once you find out where your account is being handled (contact the agency that your husband's employer is paying), see if they have a website you can access to check your balance and payment postings. This was very helpful to me when I could finally see what was going on with my case...when payments were being posted, what month they applied to, any interest that was generated, etc.

I hope you can avoid the extra stress in your marriage over this issue by getting access to more information. I offer my understanding as to the ridiculous complications "the system" often adds to a really very simple thing. I would advise you to not try and pin any accountability on your husband's ex (as much as you may want to)...you will be much better served to just get the info, get the account current, and proceed from there.

Best of luck to you!

Ask the employer for an accounting of the child support that has been sent. Make a copy . Then make a copy of the tax garnishment. Send copies of that to the NY and FL child support agencies. Call ask to know the name of the superviser for the county that you live in or recieves the payments and the county where the order was done in FL. Address your letters to the supervisor and send them Certified mail. (so you have a record they were sent and recieved) Once you get back the signature card, call the supervisors and ask where your refund is and how long it is going to take to process (make them give you a date!!!). Ask about interest but don't expect to get any.
The ex is not accountable for this. The system has a interstate kink.
The federal goverment does not have your money. The state of FL or NY child support agency does. (your taxes went to the child support agency.)
You just need to write a calm letter, state the facts, and ask for solutions.
If the problem is not fixed by the date they give you, call and ask for the name, address, and phone number of thier supervisor tell them you want them to continue to work on fixing this problem. Send a second letter certified mail include the copies of your evidence, the original letter sent to the first supervisor, a copy of the signature card from the first certified letter.
Wait one week and call the supervisor's supervisor. Ask for a date when the problem will be fixed....
Repeat. Repeat. Repeat. Till it is fixed or once a month you are calling 20 people who know you by name and have your case number memorized.
Or get a lawyer to do all that for you.

In May 16, 2006, my husband and I received a letter from the FL CS Enforcement agency regarding alleged arrears. My husband ex filed for CS in New York, but resides in Florida. The Modified CS Order requires that the CS be deducted from my husband's paycheck and then the monies would be handed to her by the CS Enforcement Unit. After the advice of the judge that the monies would arrive when they arrived, the ex still demanded that the CS be set up as such. The CS is deducted from my husband's paycheck every 2 weeks as required by the Order. We then receive these accusations of alleged arrears. We have been informed on several occasions because of the laspe between the 2 states that this would be an ongoing dilemna. You would think that this matter, which must occur frequently, has become worse. In our last tax returns, we were garnished because of the alleged arrears. I am extremely frustrated. My husband, God give him patience, has turned to shouting and screaming about how much he hates the ex. Since she will only continue to frustrate his life, I have opted to handle this matter. I have written letters requesting an administrative review, but it is to no avail because FL does not respond to any letters. What really frustrates ME is that I can't seem to FIX this problem? My questions are:

Even after CC RR letters to FL, what can I do to eliminate any future alleged arrears letter from FL if at all possible?

Can I have the obtain any information as to who is handling this file?

If the accusation for arrears were falsely filed against my husband, is there any restitutions I can seek?

Can we hold the ex accountable for any of this?

How can I obtain the money back from the Fed Gov?

Desperate in New York. Please offer me a solution. I think my marriages is being to show signs of cracking under this pressure.
:eek: :confused:

Which state issued the CS order? (is it still in that state?)

Which state modified the order?

Which state is claiming there is an arrearage?

Which state has done the IRS intercept?

My husband also had a very similar experience, if the order originated in Florida, I can show you step by step exacly what to do to get this straightened out. Even if the order is in NY, there are still things you (your husband) can do, but knowing the answers to the above questions will help us know exactly what steps need to be taken.

Which state issued the CS order? (is it still in that state?)

Which state modified the order?

Which state is claiming there is an arrearage?

Which state has done the IRS intercept?

My husband also had a very similar experience, if the order originated in Florida, I can show you step by step exacly what to do to get this straightened out. Even if the order is in NY, there are still things you (your husband) can do, but knowing the answers to the above questions will help us know exactly what steps need to be taken.

Everyone thank you for being so helpful.

In response to your post Xena:

We live in NY. The ex and kids live in FL. The divorce and original CS agreement was filed in NY. The modified CS was also filed in NY since my husband resides and works in NY.

The arrearage are claimed by FL as well as the IRS intercept.

Can you still give me any advice as to what can be done?

Again, thank you. I don't know what I would do if this website did not exist. You guys are angels.

Everyone thank you for being so helpful.

In response to your post Xena:

We live in NY. The ex and kids live in FL. The divorce and original CS agreement was filed in NY. The modified CS was also filed in NY since my husband resides and works in NY.

The arrearage are claimed by FL as well as the IRS intercept.

Can you still give me any advice as to what can be done?

Again, thank you. I don't know what I would do if this website did not exist. You guys are angels.
Your husband needs to contact the NY child support court clerk's office to get a full print out of all assessments and payments. (if they do not have it, he can get it from the NY CSE office). Use that to both determine if there are any actual arrears owed, what the amount is, and most importantly he needs to find out if he was credited with the tax intercept.

It sounds like Florida CSE is overstepping thier bounds. Florida is ONLY the middleman in this ( The payments garnished are sent to NY CSE who in turn sends it to the Florida CSE who then gives the CP the money) since they do NOT have jurisdiction the only thing they can do is to contact NY CSE and REQUEST that enforcement action be taken.

Unfortunately it is legal for a state that does not have actual jurisdiction to intercept IRS refunds- HOWEVER- When Florida did the intercept they are supposed to notify NY of the payment so that he can recieve credit. IF Fl. did not notify NY, your husband will need to take a copy of the intercept letter (both the ones from FL CSE and the one from the treasury dept) to NY CSE so that he can recieve credit for the payment.

Using the assesment/payment print out, if it shows that no arrears exist he needs to then go back to the NY court clerk to get an "arrearage affidavit" this will show that no arrears exist. He can then send copies of the affidavit, court order, and payment printout to the Fl. CSE with a strongly worded letter that they do NOT have the legal authority to do anything and that they must go through the NYCSE from now on. He should also give NY CSE copies so that they will know what is going on.