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#1
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Confused about interstate
Have a situation which Id like some guidance, links, references, and
help: My wife left me with her family's help due to issues between us, and between myself and her family, combined with financial issues related to being on medical disability After almost 3 years, the State of SC started action to collect garnished child support. During that time, I had been paying some support voluntarily directly to wife. We have not divorced due primarily finacially as we cant either afford lawyers. State of SC sent notice of pending action to an address in north New Jersey where I have no connection of any kind. According to court records, were served and accepted by my brother. I have no brother in that area, and no brother by teh name given. At the intial hearing, wife was asked if she had contact info, she gave them 3x5 card with my physical address and phoen number. 3 days later, Court issued default order, based on the returned information thru federal database and contact with my employer in Eastern PA. Employer received order locally, sent it to national office in Washington state, and only notification I received was when paycheck was actually garnished. They collected child support until I was terminated a few months ago. I have contacted the Court and CS agents in SC who told me that the only option I have is to physically appear in Court in SC or pay for lawyer who is licensed to appear in Court for me in SC. I cannot go to SC, or pay for lawyer (I tried) to appear. Since not resident of SC, donty qualify for legal aid I talked to one lawyer who said they could probably fight to have order reescinded (after paid her a lot of money I ddint have) When checked with local and state offices in PA, no order was ever registered in any manner against me in PA. I have been unemployed, and thereby not paying CS, but they have been "charging" me, although they were notified by certified mail Im unemployed. Stae of PA will not garnish as no order registered... i do want to do rigth by daughter in this, dont get me wrong... But how do I fight this for fair hearing and appropriate resolution? Please email direct if you can offer serious help, or to list with general info Thank you for your time and attention, and any help you may offer... |
#2
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Confused about interstate
"SirJaymes" wrote in After almost 3 years, the State of SC started action to collect garnished child support. During that time, I had been paying some support voluntarily directly to wife. We have not divorced due primarily finacially as we cant either afford lawyers. Obviously she initiated a court order to have you pay CS, doesn't matter if you are divorced or not! But how do I fight this for fair hearing and appropriate resolution? You poor SOB, there's nothing you can do to defend yourself, there is no defense! What rate are you ordered to pay each month? |
#3
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Confused about interstate
Divorced was not the issue. SC state inititaed action since wife is on
SSI. There is a defense. Just a matter of how to handle it. They knew where I was, and did not notify me properly and allow my input into CS order. They knowingly siad they had not been able to contact me although they had significant evidence (including during hearing) including information from wife as well as employment information that conicided with info from wife... and file dpapers saying I was "properly served" in a location over 2 hours away. |
#4
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Confused about interstate
"SirJaymes" wrote in There is a defense. Just a matter of how to handle it. They knew where I was, and did not notify me properly and allow my input into CS order. Save yourself alot of time,money & grief, just figure a way to pay them the money! Until they change the laws, you will always owe, no matter what your circumstances might be. How much money are we talking about? |
#5
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Confused about interstate
Grief is already here, and has been here... Money is part of issue,
there is no money to "defend" on their terms... The one lawyer who woudl take to me, said that "best outcome" is that original order would be found Void ab Initio, but that what has been collected would be essentially put into escrow. Whatever amount was determined afterwards etc, the amoutn already collected becomes essentially a credit which must be applied before any collection under a new order. Doesnt matter whether is $100 or $10,000... It has to do with rights and principles... |
#6
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Confused about interstate
"SirJaymes" wrote in Doesnt matter whether is $100 or $10,000... It has to do with rights and principles... Rights & common sense don't exist in family court! Do you agree with the monthly rate they set for you? |
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