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| Adoption Law | Child Custody | Child Support | Divorce Law | Family Law | Marriage Law |
UIFSAThis act refers to legal proceedings on behalf of either the obligor or obligee that involves support when one party lives in Ohio and the other party lives in another state. It does not involve alimony or visitation issues. Question: In a domestic-c court case, What does UIFSA mean? Question: uifsa child support problem - set too low by $1000 - I am in the states and he ran off? My husband took out a child support order to pay child support for the kids, in Canada. This was clever. He had not paid any, but he lied to the court, and they gave him a divorce based on that. In Canada, they won't give anyone a divorce unless they promise to pay child support.
So he got a divorce, with no alimony, no pension, he kept the house, everything...
But he is supposed to pay child support.
For a start, he doesn't pay it at all.
I could go to court here to get it enforced.
But - it is set at Canada rates. Which are $1000 lower than the state where I live.
There is this horrible thing called UIFSA which says that child support orders can only be modified in the place they were taken out.
It's obviously designed to protect women - but in this weird case, the man took out the child support order.
Would I have to go to Canada - 3000 miles away - to modify it? Or can I do something here in the state where I live?
I am really upset that the Canadian court gave him this divorce. He got it without even telling me there was a hearing. And his lawyer is supposed to be really good with abused women....what a hypocrite...
There was no mention of child custody in the divorce he got, nor of visitation. He doesn't want to see the kids or have anything to do with them, because his girlfriend wouldn't like it.
Anyway, does anyone know what I can do? Question: Child Support Overpayment and UIFSA? This is complicated, but I will try to make it as simple as possible.
My husband is the oligor and lived in IL, the oligee is the mother in OH, never married. IL entered a child support order in 2001 and modified it to a lower amount in 2008, during which hubby still lived in IL and mother in OH. Hubby pays current + arrears from each paycheck.
Hubby and I moved to WI in 2008. The case started with arrears because the initial order included retroactive support.
In May 2009 we receive notice from OH we are in arrears, we say no way, our 2008 IRS refund was partially intercepted in March 2009, catching us up on arrears. Trust me we were thankful!
We contact OH regarding no arrears, they now say we owe over $7,000 this includes the last intercept of $5,077 being deducted. We say NOOOO way! We get a transaction detail from IL and OH.
We put together a spreadsheet and OMG we have overpaid by $4,385. We give the info to OH and IL. OH says not their problem it's an IL case (yet OH is requesting to intercept our taxes next year on over $7,000 of child support not owed).
OH had been receiving his tax intercepts for all of these years and not reporting them to IL, so IL showed owing more than we did. OH was overcharging $30.00/wk from 10/01-10/04. OH also never entered the lower amount ordered by the IL court in 2/08. Therefore OH has again overcharged support from 2/08 to present.
And to complicate matters more the mother is no longer on welfare and IL is cutting the check directly to her instead of OH. For 6 weeks OH shows no record of payment.
We speak with IL and find out that on 5/1/09 OH asked IL to take over the bookkeeping since hubby is now in WI, yet IL continues to receive the payments from hubby's employer in WI. How is this legal without notifying hubby?
OH informs us on 6/30/09 that this is an IL case not their problem. IL zeroed out the whole case when OH requested to take over the bookkeeping - thankfully we do have the transaction detail from IL showing all support charges and payments.
OH is refusing to correct their bookkeeping to the IL court ordered amounts, stating we have to deal with IL . But IL has the correct amounts, if you take the tax intercepts that OH took from the IL ledger it reconciles to $4,385 is due. OH is the one with wrong amounts. OH is requesting tax intercepts. OH is sending us letters that there is arrears. OH is the one wrongfully holding a $5,077 tax intercept when there was only $953 due.
OH says its IL's problem, IL says that OH took over, deal with OH. OH says since we only contested the amount and did not specifically ask for an "administrative review" we essentially agreed that we still owe what they say. Isn't contesting the same?
How do we remedy this? I've been reading everything on UIFSA and not finding any kind of relief for the NCP.
Case law for OH shows they do have to pay the overpayment of child support back to the NCP. Is this why they're trying to hide their error? They overcharged the support for years resulting in a massive support arrears that is not due. I receive child support from my 1st husband. Hubby and I believe child support has to be paid, but what's fair for the goose is fair for the gander. Shouldn't we have recourse for over payments?
Can we have WI audit their bookkeeping? How would we go about this. UIFSA makes "play away" pretty clear. If we start anything in WI doesn't it go to OH, that defeats the purpose if OH is the one with the inaccurate books.
Do we have to move to IL to resolve this?
We DO NOT have the money for an attorney and we want the IL order to stay as it is. If there is any request for modification later we want that done in WI per UIFSA would require if the OH mother requests a modification Question: What steps do I take to collect child support from a parent in another state who won't respond to CSE orders? I am a single parent struggling with health problems and as a result, financial problems also. My daugther is 14 and has never recieved child support. I filed in April of 2007 with Child Support Enforcment in my state. Her father lives in another state. They have tried to send him orders for DNA testing, etc.,
by certified mail but he doesn't respond. I have doubled checked and the address I have is correct. I do not wish to have personal contact with him or his family. But CSE is not doing much to help. What can I do now? Should I seek legal representation? Is their legal help for people who can't afford to pay a lawyer? What is UIFSA and can it help me? Question: What to do when two states are involved in a child support case? My husband's ex lives in another state. She rarely pays child support. We received 3 pays at the beginning of the year when our state turned the case over to her state. She is working for the state. She claims that her supervisor was told about the withholding but wasn't taking out the money and now her supervisor got let go and she told the new supervisor, blah blah blah. But still nothing. We've called a million times to find out a status, and its always nothing, or no response. To which we always ask our state to continue enforcement. This case has been with our state for 4 years, and was turned over to her state at the beginning on this year. It seems like no one is doing anything and she gets away with it. The frustrating part is that now there is a middle man. So one time we call the AG and they say oh, they have 15 days to respond, the next oh, they have 60 days to respond, and then, oh they have 90 days to respond! I am pulling my hair out! The UIFSA gives guidelines, but what do you do when those guidelines aren't being followed? She owes over 13k.
The kids live with us. They've lived with us for the past 6 years. The do visit her on holidays and in the summer, except for that summer she was in a detention center. I know that we can't refuse to let the kids see her because she doesn't pay child support. We're very good about that. I'm just frustrated that, honestly, I am frustrated that she gets the glory of being mom and I get the work. I know that's irrational and I never let my kids in on my feelings, but she moved away, she doesn't do anything she's suppose to and if it was my husband we were talking about not paying child support, being in a detention center, he'd never get to see the kids and she'd have put him in jail by now. I feel like its a very sexist issue.
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