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View Full Version : Child Support Wage Garnishing not done through the court Florida


JBirdS
05-19-2009, 01:44 PM
I have a Florida court order to pay child support (her mother moved her to Phoenix AZ at the age 2, so Florida forwards my payments to AZ). My dauhter is now 24, and married, however, I did fall behind over the years and I DO still owe $1700 in arrears of which I have been paying through the Florida courts as indicated in my court order. Problem is, AZ continued to apply all my payments to "current child support" (not arrearages) well after she turned 18 years old. Her mother allowed her to quit highschool at the age of 16 so it's not a matter of her being in College...AZ made a mistake and now claim I owe them $12,000. I have sent them my arrearage affadavit from the Florida Courts along with proof of every single payment I have made, yet AZ will not correct their records....they continue to harrass me, put a collection agencies on me (three as a matter of fact....two of which stopped calling me once they received copies of all my proof...the 3rd is a new one). I have been having the same ongoing continual battle with them for almost two years now. I have overnighted and sent certified mail, may times, all of my records and court paperwork...still, they refuse to change thier records and no one can offer me an explanation as to how they determine it to be $12,000 when Florida shows I only owe $1700...they just continiue to harrass me....calling me at work and sending threatening letters. When I try and respond, nothing.

AZ has now began garnishing my wages (even though I AM making payments directly to the Florida court as I am supposed to do). I've spoken to my rep in Florida and they inform me (as they have in the past, and as my order states) that Florida cannot credit me any of these garnishments as they are not ordered by them, nor are they even going through the Florida court system....they are going directly to a clearinghouse in AZ instead who, I assume is sending it on to the CP.

Can a state who has no court order garnish wages for a debt that doesn't belong to them.....the Clearinghouse in AZ is simply the "go-between" who receives the money from Florida and distributes it to her mother. The clearinghouse IS through Arizona Child Support, but the order is solely a Florida Court Order....it was established here and remains here.

I'm at my wit's end...I've heard horror stories about the Arizona Clearinghouse and I don't know where to turn next. They will not correct their records even with proof and now they are garnishing my pay for child support that my court order will never credit me for because I haven't paid it direct to them and on top of that, AZ is trying to collecting $12,000, not the true amount of $1700 the Florida courts show I owe.

Any advice? Thanks in advance.

xena
05-20-2009, 12:31 PM
I have a Florida court order to pay child support (her mother moved her to Phoenix AZ at the age 2, so Florida forwards my payments to AZ). My dauhter is now 24, and married, however, I did fall behind over the years and I DO still owe $1700 in arrears of which I have been paying through the Florida courts as indicated in my court order. Problem is, AZ continued to apply all my payments to "current child support" (not arrearages) well after she turned 18 years old. Her mother allowed her to quit highschool at the age of 16 so it's not a matter of her being in College...AZ made a mistake and now claim I owe them $12,000. I have sent them my arrearage affadavit from the Florida Courts along with proof of every single payment I have made, yet AZ will not correct their records....they continue to harrass me, put a collection agencies on me (three as a matter of fact....two of which stopped calling me once they received copies of all my proof...the 3rd is a new one). I have been having the same ongoing continual battle with them for almost two years now. I have overnighted and sent certified mail, may times, all of my records and court paperwork...still, they refuse to change thier records and no one can offer me an explanation as to how they determine it to be $12,000 when Florida shows I only owe $1700...they just continiue to harrass me....calling me at work and sending threatening letters. When I try and respond, nothing.

AZ has now began garnishing my wages (even though I AM making payments directly to the Florida court as I am supposed to do). I've spoken to my rep in Florida and they inform me (as they have in the past, and as my order states) that Florida cannot credit me any of these garnishments as they are not ordered by them, nor are they even going through the Florida court system....they are going directly to a clearinghouse in AZ instead who, I assume is sending it on to the CP.

Can a state who has no court order garnish wages for a debt that doesn't belong to them.....the Clearinghouse in AZ is simply the "go-between" who receives the money from Florida and distributes it to her mother. The clearinghouse IS through Arizona Child Support, but the order is solely a Florida Court Order....it was established here and remains here.

I'm at my wit's end...I've heard horror stories about the Arizona Clearinghouse and I don't know where to turn next. They will not correct their records even with proof and now they are garnishing my pay for child support that my court order will never credit me for because I haven't paid it direct to them and on top of that, AZ is trying to collecting $12,000, not the true amount of $1700 the Florida courts show I owe.

Any advice? Thanks in advance.

You really need to speak to a local attorney ASAP. You can get a low cost 30 minute consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

The CSE is wrong, they CAN apply credit in FL for garnishments and intercepts made by another state. It does take a court order to do this though, which the CSE can do.

BlogApostille
05-30-2009, 09:24 AM
Involuntary payroll Deductions are those over which an employer or Employee has little or no control. The employer is required by law to deduct a specifc dollar amount of the Employee's pay and remit it to a person or agency to satisfy the law. If the employer fails to deduct and remit that amount the emplyer will generally be subject to a penalty equal to the amount required plus possible fines and interest.:p

A common problem for employers is determining Deduction amounts when several orders for involuntary Deductions are received against an Employee's wages. If there is not enough pay left in the Employee's wages, after any exempt amounts have been taken into consideration, to pay all the orders, the employer must decide which order has highest priority of the orders.:cool:

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