I wanted to give kudos to the El Dorado County DCSS. They have been the only county office to actually step up and try to figure my horrible case out. Sacramento County DCSS did nothing but screw it up and screw me over. El Dorado County has listened to my every complaint, cry and even my threats to take them to Federal court if they don't figure this out. THEY DID! IT IS POSSIBLE. I have seen many attornies that told me otherwise. So KUDOS to you El Dorado County! Keep up the good work!
PS. This doesn't mean I wont follow my case closely and make sure all the t's are crossed and the i's are dotted!
Thanks El Dorado County!
Melissa
Saturday, June 25, 2016
FEDERAL OFFSET (money from welfare collected)
I was told by DCSS that the intercepted money that was used to pay back Welfare from 20 years ago. Cannot be waived. But then I found a section of the social security act that says that the state CAN waive their rights to CALWORKS monies collected in the future, which they did in my case back in 2011, So my arguement is that the state of CA had no right to intercept ANY bad welfare monies, since it was 20 years ago and they waived their rights in court.
Here is my message to them. Of which I did in fact receive a call back from the El Dorado County office to see if it can be sent to me, since Sacramento County waived their rights to it in 2011.
My question was issued in three parts as it would not allow the entire question.
Here is my message to them. Of which I did in fact receive a call back from the El Dorado County office to see if it can be sent to me, since Sacramento County waived their rights to it in 2011.
My question was issued in three parts as it would not allow the entire question.
Question / Concern Information
2001154761
VIA SELF SERVICE WEBSITE
06/21/2016
Federal offset rules
I finally was able to look up the SS act rules for Federal offset of conditionally assigned arrearages and it looks to me that it says the state may waive their state assigned arrears amount, and I was told they could not do that over the phone. They did this in court back in 2010/11 filings when I had an attorney. Thats why it said all arrears payable to me directly. Apparently we may need a state hearing to decide this matter? REFERRING TO THESE SECTIONS: (n) DISCONTINUED ASSIGNMENTS – The term “discontinued assignments” means those assignments that a State elects to discontinue under the authority in section 457(b)(1) and (b)(2) of the Act. The State may treat amounts collected pursuant to these discontinued assignments as if the amounts had never been assigned and may distribute the amounts to the family. Assignments that may be discontinued include: (1) Pre-1997 Support
The information is being reviewed.
06/21/2016
VIA SELF SERVICE WEBSITE
06/21/2016
Federal offset rules
I finally was able to look up the SS act rules for Federal offset of conditionally assigned arrearages and it looks to me that it says the state may waive their state assigned arrears amount, and I was told they could not do that over the phone. They did this in court back in 2010/11 filings when I had an attorney. Thats why it said all arrears payable to me directly. Apparently we may need a state hearing to decide this matter? REFERRING TO THESE SECTIONS: (n) DISCONTINUED ASSIGNMENTS – The term “discontinued assignments” means those assignments that a State elects to discontinue under the authority in section 457(b)(1) and (b)(2) of the Act. The State may treat amounts collected pursuant to these discontinued assignments as if the amounts had never been assigned and may distribute the amounts to the family. Assignments that may be discontinued include: (1) Pre-1997 Support
The information is being reviewed.
06/21/2016
Federal offset rules part 2
Assignments – Any rights to support obligations assigned to a State as a condition of receiving assistance from the State under title IV-A of the Act and in effect on September 30, 1997 (or such earlier date on or after August 22, 1996, as the State may choose); 27 Conditionally-Assigned arrearages will continue to exist unless these assignments are discontinued pursuant to section 457(b)(2)of the Act and(a)State option to discontinue its assignments executed prior to October 1, 1997 A State may discontinue some or all of its assignments executed prior to October 1, 1997.Because assignments executed before October 1, 1997 encompass both Pre-Assistance and During-Assistance Arrearages without making any distinction between these two types of arrearages. Under section 457(b) of the Act, as amended by the DRA, a State has the option to discontinue any of its assignments that were in effect as of September 30, 2009
The information is being reviewed.
06/21/2016
Assignments – Any rights to support obligations assigned to a State as a condition of receiving assistance from the State under title IV-A of the Act and in effect on September 30, 1997 (or such earlier date on or after August 22, 1996, as the State may choose); 27 Conditionally-Assigned arrearages will continue to exist unless these assignments are discontinued pursuant to section 457(b)(2)of the Act and(a)State option to discontinue its assignments executed prior to October 1, 1997 A State may discontinue some or all of its assignments executed prior to October 1, 1997.Because assignments executed before October 1, 1997 encompass both Pre-Assistance and During-Assistance Arrearages without making any distinction between these two types of arrearages. Under section 457(b) of the Act, as amended by the DRA, a State has the option to discontinue any of its assignments that were in effect as of September 30, 2009
The information is being reviewed.
06/21/2016
CLOSED
Federal offset rules part 3
33 34 If a State chooses to discontinue such assignments, the State may treat amounts collected pursuant to the assignment as if the amounts had never been assigned. SO IT SEEMS TO ME THE STATE WAS ACTUALLY ALLOWED TO WAIVE ITS RIGHT TO THE OFFSET AND THEY DID IN COURT. ALSO I FOUND SECTIONS THAT SAY THAT ARREARS TO FAMILY MUST BE MET FIRST BEFORE STATES ARREARS CAN BE TAKEN. I REALLY THINK WE MAY NEED A HEARING TO DECIDE THIS. I HAVE WAITED AND WORKED HARD FOR ANY ARREARS AND THINK THAT WE SHOULD RECEIVE OUR ARREARS BEFORE THE ASSISTANCE MONEY CAN BE COLLECTED. THAT SHOULD BE LAST. HOW CAN I CALL FOR AN UMBUDSPERSON? AND START THE HEARING PROCESS.
The information is being reviewed.
06/21/2016
Federal offset rules part 3
33 34 If a State chooses to discontinue such assignments, the State may treat amounts collected pursuant to the assignment as if the amounts had never been assigned. SO IT SEEMS TO ME THE STATE WAS ACTUALLY ALLOWED TO WAIVE ITS RIGHT TO THE OFFSET AND THEY DID IN COURT. ALSO I FOUND SECTIONS THAT SAY THAT ARREARS TO FAMILY MUST BE MET FIRST BEFORE STATES ARREARS CAN BE TAKEN. I REALLY THINK WE MAY NEED A HEARING TO DECIDE THIS. I HAVE WAITED AND WORKED HARD FOR ANY ARREARS AND THINK THAT WE SHOULD RECEIVE OUR ARREARS BEFORE THE ASSISTANCE MONEY CAN BE COLLECTED. THAT SHOULD BE LAST. HOW CAN I CALL FOR AN UMBUDSPERSON? AND START THE HEARING PROCESS.
The information is being reviewed.
06/21/2016
They did call and say that I had a good point and they will have their supervisors look into it. I explained that I can always call for a hearing and have them decide.
I will update everyone on the reply!
KEEP THE FAITH!
Friday, June 3, 2016
Collection Update
Ok so it has been two weeks since the DCSS last collected. With the history of my case, I am wondering if, A. He quit his job, B., He got an order to vacate my order somehow (again), or C., DCSS is Oregon decided they were not responsible to enforce my order after all? (Which the are!) So lets see how this one pans out. After all of my hard work on this, to not only benefit my son, but to make a point that a technicality or mistake made by the courts shouldn't aleve responsibility of child support to your child.... Especially because the "mistake" was not ignored but fixed many times over in court. And yet still I received no support for 25 years. I really also hope this helps other custodial parents get the support their children deserve.
So here is my recent correspondence with DCSS in El Dorado County.
Property Lein
My Question 5/19/16: I wanted to find out if a judgement lien has been filed against the property that Michael now owns. I want to make sure that if he tries to sell his property or transfer it to a family member that there is a lien in place for this judgement since Oregon is not refusing to enforce it anymore. Can this judgment be filed with the county clerk tax assessors office in Oregon. It looks like it can to me. As Oregon is enforcing, they should have a lien in place. I will request confirmation.
So here is my recent correspondence with DCSS in El Dorado County.
Property Lein
My Question 5/19/16: I wanted to find out if a judgement lien has been filed against the property that Michael now owns. I want to make sure that if he tries to sell his property or transfer it to a family member that there is a lien in place for this judgement since Oregon is not refusing to enforce it anymore. Can this judgment be filed with the county clerk tax assessors office in Oregon. It looks like it can to me. As Oregon is enforcing, they should have a lien in place. I will request confirmation.
Question / Concern Detail
Monday, May 16, 2016
Welfare monies from 20 years ago intercepted.
They recently finally collected a large sum of money from my ex, in the amount of $5309. Apparently there was welfare monies on my case still owed of $3500 to Sacramento County. They got their piece first and didnt even tell me about taking it. I received a noticed of payments but they did not specifically state how much welfare monies were owed anywhere, nor did they show it as paid to Sacramento County. I had to call and get a full explanation from my worker,
Just in case you thought you didn't owe welfare monies anymore, your wrong. They never let it go. They previously waived the arrears owed to welfare in a court hearing back in 2011. Unfortunately it was not stated on the final order after hearing so I am out of luck. Wow Sacramento County, Wow,
So let me get this straight, you do nothing right for 25 years, I have to correct you at EVERY turn and even TAKE YOU to court after you close my case and you get the biggest amount out of the only enforcement you have done only because I have pursed this case with every cell in my body has anyone collected ANYTHING from this dead beat dad, By the way my son is 25 and I haven't been on welfare since he was about 5. So 20 years, seriously. That debt NEVER goes away. Even though I again have REPEATEDLY had to make you reinstate, and enforce my case, you got paid first. Good to know where we stand. This money was intercepted on 2/22/16 and I received my share of $1780 on or about April 27th. Why did it take so long?? These state departments really need to look at their systems, long and hard and see who they are hurting by their incompetence, and inaction on so many cases through out the Nation. Meanwhile they will be at their "Leadership Symposium" spending our money on their per Diem spending accounts and oh by the way, its held in New Orleans this year. Must be a blast. Hope you all sleep well knowing that Hundreds of thousands of kids and custodial parents are hurting for their measly child support from all the dead beat parents out there that think it is NOT their responsibility to help their children.
Man I am pissed. And so sick of the system we have that does nothing for the people. And could give a rats ass about any of us.
Just in case you thought you didn't owe welfare monies anymore, your wrong. They never let it go. They previously waived the arrears owed to welfare in a court hearing back in 2011. Unfortunately it was not stated on the final order after hearing so I am out of luck. Wow Sacramento County, Wow,
So let me get this straight, you do nothing right for 25 years, I have to correct you at EVERY turn and even TAKE YOU to court after you close my case and you get the biggest amount out of the only enforcement you have done only because I have pursed this case with every cell in my body has anyone collected ANYTHING from this dead beat dad, By the way my son is 25 and I haven't been on welfare since he was about 5. So 20 years, seriously. That debt NEVER goes away. Even though I again have REPEATEDLY had to make you reinstate, and enforce my case, you got paid first. Good to know where we stand. This money was intercepted on 2/22/16 and I received my share of $1780 on or about April 27th. Why did it take so long?? These state departments really need to look at their systems, long and hard and see who they are hurting by their incompetence, and inaction on so many cases through out the Nation. Meanwhile they will be at their "Leadership Symposium" spending our money on their per Diem spending accounts and oh by the way, its held in New Orleans this year. Must be a blast. Hope you all sleep well knowing that Hundreds of thousands of kids and custodial parents are hurting for their measly child support from all the dead beat parents out there that think it is NOT their responsibility to help their children.
Man I am pissed. And so sick of the system we have that does nothing for the people. And could give a rats ass about any of us.
Saturday, May 14, 2016
DCSS Keeping my collected child support with no right to do so??? Or mistake of some kind.... We will see!
So today, I received a document on the DCSS self service portal. That document was a statement of collections. That statement of collections shows a payment received on 2/22/16 for $5391.00. I never got even close to that amount. I do not owe any CALWORKS monies nor do I have any liens or judgments. So where did that money go?
My last know arrears balance was printed on 3/2/2016 and it was $87,452.89. Now when I log in it says balance is $82,153.83. I have only received two payments since re-opening this case with DCSS in El Dorado County. The first was $1738.97 on 4/21/16 and $441.45 on 5/5/16.
I have submitted this email on the portal and called the supervisor of the El Dorado County Child Support office, Aaron Powers and left a message. Lets see what their reasoning is and where this money went if in fact it was collected. I am guessing it was his tax return since he has custody of his 2 children from a recent divorce. And that is about what you would get for 2 kids and earned income credit, and it was in late February which makes sense also.
I guess I will be filing yet ANOTHER COMPLAINT about DCSS with the state hearing board.
The form is below to get anyone started that needs it. Just so you know, its a long and crappy process and last time I even WON the case, but they VOIDED my hearing documents at DCSS in Sacramento and closed my case anyway. Which was completely illegal. But again they could give a crap. I am so furious now! They finally collect a large amount like $5391 and I didn't even know they collected it. I didn't get one cent!!! I think they think I am stupid or will just give up. Well sorry DCSS you picked the wrong women to mess with.
Below is the link to get an umbudsperson and request a state hearing.
http://www.childsup.ca.gov/portals/0/resources/docs/forms/lcr001.pdf
VIA SELF SERVICE WEBSITE
05/14/2016
0670366562-01
OPEN
PAYMENT OF $5391.00 ?????
I was sent a statement saying that on 2/22/2016 $5391 was received by DCSS. I was never sent that money and it doesnt even show on payments received tab. Can you please explain. None of these funds are CALWORKS and none should of been held for any reason. So if this is monies collected back in February I should of received it months ago. PLEASE REPLY with a detailed explanation and/or call me at my number below.
My last know arrears balance was printed on 3/2/2016 and it was $87,452.89. Now when I log in it says balance is $82,153.83. I have only received two payments since re-opening this case with DCSS in El Dorado County. The first was $1738.97 on 4/21/16 and $441.45 on 5/5/16.
I have submitted this email on the portal and called the supervisor of the El Dorado County Child Support office, Aaron Powers and left a message. Lets see what their reasoning is and where this money went if in fact it was collected. I am guessing it was his tax return since he has custody of his 2 children from a recent divorce. And that is about what you would get for 2 kids and earned income credit, and it was in late February which makes sense also.
I guess I will be filing yet ANOTHER COMPLAINT about DCSS with the state hearing board.
The form is below to get anyone started that needs it. Just so you know, its a long and crappy process and last time I even WON the case, but they VOIDED my hearing documents at DCSS in Sacramento and closed my case anyway. Which was completely illegal. But again they could give a crap. I am so furious now! They finally collect a large amount like $5391 and I didn't even know they collected it. I didn't get one cent!!! I think they think I am stupid or will just give up. Well sorry DCSS you picked the wrong women to mess with.
Below is the link to get an umbudsperson and request a state hearing.
http://www.childsup.ca.gov/portals/0/resources/docs/forms/lcr001.pdf
VIA SELF SERVICE WEBSITE
05/14/2016
0670366562-01
OPEN
PAYMENT OF $5391.00 ?????
I was sent a statement saying that on 2/22/2016 $5391 was received by DCSS. I was never sent that money and it doesnt even show on payments received tab. Can you please explain. None of these funds are CALWORKS and none should of been held for any reason. So if this is monies collected back in February I should of received it months ago. PLEASE REPLY with a detailed explanation and/or call me at my number below.
Friday, May 13, 2016
Holy cow two payments in a row!
I was out of town and forgot to post sooner.But guess what? I got a second payment in a row! I received a payment on the 8th of May. That's nothing short of a miracle. Every time I have ever had a wage assignment enforced, the non custodial parent has been able to get it vacated. 25 years of NEVER receiving two payments in a row. The payment was for $440 but again that plus the $1700 is more than I have ever received in a six month period even let alone a little over a week apart.
So if you have a what you think to be an impossible and unenforceable child support case. DONT GIVE UP. KNOW YOUR RIGHTS. If you need guidance, leave me a comment!
So if you have a what you think to be an impossible and unenforceable child support case. DONT GIVE UP. KNOW YOUR RIGHTS. If you need guidance, leave me a comment!
Wednesday, April 27, 2016
CSDA - AKA Child Support Directors Association
CSDA - AKA Child Support Directors Association
http://csdaca.org/
Apparently you can contact these people via email and get some action. I emailed several places a week or so ago, one being the CSDA. My contact there was shocked to here how much I knew about FFCCSOA and URESA/UIFSA interstate and juridicional laws. He immediately got on the phone with the local DCSS and got an update on my case. The information he received was wrong, of course, so I helped guide him to the appropriate information. At least I am getting some action on my case. long overdue!
Thursday, April 21, 2016
Miracles do exists. I collected some arrears through the services of the El Dorado County Department of Child Support
Wow, pinch me. Am I dreaming. The DCSS in El Dorado County finally intercepted some funds from my ex. A little over $1700 out of the over $87,000 in arrears. FINALLY something. 25 years and this is one of the largest amounts I have received.
Don't want to get my hopes up, but if this becomes a regular thing. That would be great. Oregon Department of Child support has been sent the order for collection and registration. We will see if he is somehow able to vacate it and if so, we are ready to take it to District Federal court. Know your rights. It seems to make a difference with DCSS if you know what they are supposed to do to collect, you can literally FORCE their hand.
It certainly has not been easy or stress free and I have had to miss work for court dates, spend HOURS upon hours looking up state and federal laws, let alone trying to understand the MANY conflicting laws.
Do yourself a favor and look up the FFCCSOA it tells you what the state department of child support services is REQUIRED to do to get enforcement. As long as you have a valid order, which I do. The state or Oregon should not be able to Vacate my California order of arrears.
JUSTICE IS A LONG TIME COMING over 25 years!
Don't want to get my hopes up, but if this becomes a regular thing. That would be great. Oregon Department of Child support has been sent the order for collection and registration. We will see if he is somehow able to vacate it and if so, we are ready to take it to District Federal court. Know your rights. It seems to make a difference with DCSS if you know what they are supposed to do to collect, you can literally FORCE their hand.
It certainly has not been easy or stress free and I have had to miss work for court dates, spend HOURS upon hours looking up state and federal laws, let alone trying to understand the MANY conflicting laws.
Do yourself a favor and look up the FFCCSOA it tells you what the state department of child support services is REQUIRED to do to get enforcement. As long as you have a valid order, which I do. The state or Oregon should not be able to Vacate my California order of arrears.
JUSTICE IS A LONG TIME COMING over 25 years!
Friday, April 15, 2016
LETTER TO THE PRESIDENT OF THE USA - TEMPLATE along with my attachments.
Today 4/7/2016, I am
starting a BLOG (http://uifsa.blogspot.com) to discuss the
reprehensible behavior of the California Department of Child Support Services,
the Sacramento County Superior Court Family Law Division, The Oregon Department
of Child Support and the Columbia County Circuit Courts in Oregon Along with
many judges that have done nothing to help me with my 25 year old IV-D Child
Support Case. I am now also working with the Department of Child Support in El
Dorado County. We will see if they follow through with their job. So far I have
had to be the one to persue inforcement, reopen my case when they attempted to
close it several times, fight in Judical Administrative courts only to have the
DCSS office VOID the judgement and write their own decision in their favor. To
then force them to reopen my case again since it is a system set up for failure
if you are trying to enforce your own order thru the courts without DCSS
involved. Truly impossible.
I had a court date today I thought a Blog might help me with not only sharing information with people out there that are in my same situation. But also to help me in my case to keep regular notes as it has been a long 25 years that I have been attempting to collect this CALIFORNIA interstate child support order from OREGON.
Today my case was a motion filed by EDC DCSS to clarify my last order which the Sacramento County Courts LOST and for some reason couldn't provide a new certified copy of the order to El Dorado County DCSS, so I had to go to court with the Sacramento DCSS at 8:30a today in Sacramento for the pro temp/commissioner Judge Harman in Department 127, to basically reiterate what the last order already said.
I think this governmental agency/DCSS needs to explain why they spend our tax dollars and go to Leadership Conferences on our dime to learn the Federal laws and State Regulations only to then turn around and treat the pro se/pro per Custodial and NON Custodial parents hung out to dry when it comes to enforcement and just do their job! I have had to tell them the law. And force the enforcement and he just gets it vacated in Oregon.
Today I said in court that I was requesting to be heard in Federal District Court and Judge Harman said that DCSS in El Dorado County, CA would be required to do that if I request it. I have already done so on their website. I plan on following it up with a copy the final order after hearing and a letter requesting a formal hearing in district court to determine arrears and Jurisdiction once and for all according to the FFCCSOA and UIFSA which are both federal regulations that the two states must follow. I have had Continuing Exclusive Jurisdiction since 1998. The DA in Oregon has had my California order vacated back in 1999 through an ILLEGAL administrative judicial hearing that I was not even served for. A representative from the Sacramento County DCSS was served with the documents and never informed me of the hearing. So Oregon will now not honor the California order, even though I have proven personal and subject matter jurisdiction several times and have been awarded the Continuing Exclusive Jurisdiction in both Oregon and California superior courts. This case will go to Federal District court so that the two states can once and for all agree to the order and wage assignment of my over $87,000 in Child support arrears I am owed for my now 25 year old son that I had to raise with absolutely no help from his father Michael McDougle who has been protected by the DA in St. Helens, Columbia County Oregon named Stephen Atchison. SHAME ON YOU Mr. Atchison.
http://portlandtribune.com/scs/83-news/225450-87715-burglary-spree-hits-home-for-columbia-county-da
WE PAY THEM WITH OUR TAX DOLLARS!
If you want to file a FEDERAL complaint about your local State Department of Child support go here, believe be this form was not easy to find!
https://ocse.service-now.com/wf/webform.do
I had a court date today I thought a Blog might help me with not only sharing information with people out there that are in my same situation. But also to help me in my case to keep regular notes as it has been a long 25 years that I have been attempting to collect this CALIFORNIA interstate child support order from OREGON.
Today my case was a motion filed by EDC DCSS to clarify my last order which the Sacramento County Courts LOST and for some reason couldn't provide a new certified copy of the order to El Dorado County DCSS, so I had to go to court with the Sacramento DCSS at 8:30a today in Sacramento for the pro temp/commissioner Judge Harman in Department 127, to basically reiterate what the last order already said.
I think this governmental agency/DCSS needs to explain why they spend our tax dollars and go to Leadership Conferences on our dime to learn the Federal laws and State Regulations only to then turn around and treat the pro se/pro per Custodial and NON Custodial parents hung out to dry when it comes to enforcement and just do their job! I have had to tell them the law. And force the enforcement and he just gets it vacated in Oregon.
Today I said in court that I was requesting to be heard in Federal District Court and Judge Harman said that DCSS in El Dorado County, CA would be required to do that if I request it. I have already done so on their website. I plan on following it up with a copy the final order after hearing and a letter requesting a formal hearing in district court to determine arrears and Jurisdiction once and for all according to the FFCCSOA and UIFSA which are both federal regulations that the two states must follow. I have had Continuing Exclusive Jurisdiction since 1998. The DA in Oregon has had my California order vacated back in 1999 through an ILLEGAL administrative judicial hearing that I was not even served for. A representative from the Sacramento County DCSS was served with the documents and never informed me of the hearing. So Oregon will now not honor the California order, even though I have proven personal and subject matter jurisdiction several times and have been awarded the Continuing Exclusive Jurisdiction in both Oregon and California superior courts. This case will go to Federal District court so that the two states can once and for all agree to the order and wage assignment of my over $87,000 in Child support arrears I am owed for my now 25 year old son that I had to raise with absolutely no help from his father Michael McDougle who has been protected by the DA in St. Helens, Columbia County Oregon named Stephen Atchison. SHAME ON YOU Mr. Atchison.
http://portlandtribune.com/scs/83-news/225450-87715-burglary-spree-hits-home-for-columbia-county-da
WE PAY THEM WITH OUR TAX DOLLARS!
If you want to file a FEDERAL complaint about your local State Department of Child support go here, believe be this form was not easy to find!
https://ocse.service-now.com/wf/webform.do
Fw: Fwd: Child support arrears
order that has been mishandled over a 25 year period UIFSA and CEJ are the
issues
- Today at 12:56 PM
To
Message body
SEE MESSAGE BELOW
From: Melissa Billups <aans@att.net>
Date: April 15, 2016 at 11:56:31 AM PDT
To: "vrea@csdaca.org" <vrea@csdaca.org>
Subject: Child support arrears order that has been mishandled over a 25 year period UIFSA and CEJ are the issues
Reply-To: Melissa Billups <aans@att.net>
Date: April 15, 2016 at 11:56:31 AM PDT
To: "vrea@csdaca.org" <vrea@csdaca.org>
Subject: Child support arrears order that has been mishandled over a 25 year period UIFSA and CEJ are the issues
Reply-To: Melissa Billups <aans@att.net>
I have had many years of
work and anguish and want my case with DCSS to be reviewed by the CSDA as my
case has Jurisdictional issues under UIFSA and the CEJ has been ordered to be
where I and the child lived CA, but OR refuses to acknowledge the CA order.
DCSS has been unable to collect and for some reason unhelpful and unwilling to
file in federal district court to have this issue resolved. I have had judicial
administrative hearings only for Sacramento DCSS to close my case anyway and
fraudulently changed the Judicial Administrative order to read in their favor
to close my case because of their failure to collect on my now emancipated
child. Since then my case was reopened in El Dorado County only for them
to have a year of issues with Sacramento County on a simple request for a
certified copy of my last arrears order. I should not have to become a
lawyer to enforce a child support order on a non custodial parent that now owns
a home and has a job and tax returns that can be garnished properly. This
has been a nightmare for me, my son, and his father all because of the DCSS
mistakes, cover-ups and blatant disregard for the child's support and parents
obligations to his now 25 year old child. My case number in Sacramento
County is FL909978 and my current El Dorado County CSE# is 0670366562-01
Please
contact me directly for more details. And how I can proceed with a complaint
and hearing on the subjects addressed above.
916-397-5997
Sincerely,
Melissa Billups
All Around Notary
Services
916-397-5997 Email: aans@att.net
Letter to our President -The White House
To:
President
Obama
The White House 1600
Pennsylvania Avenue NW Washington, DC 20500
From:
President Obama,
President Clinton
Signed the Deadbeat Parents Punishment Act on June 24, 1998 stating
“This bill today is a
gift to our children and the future. The quiet crisis of unpaid child support
is something that our country and our families shouldn't tolerate. Our first
responsibility, all of us, is to our children. And today we all know that too
many parents still walk away from that obligation. That threatens the
education, the health of our children and the future of our country”.
I would like to know
as a Single Mother Struggling what you, as the current president raised by a
single mom, are doing in regards to the Nations epidemic of the BILLIONS of
dollars that is owed in back child support. We need to make this issue a
PRIORITY. Poverty is so high in the homes of single income families and
our children suffer from this. Child Support Laws are in place yet they are not
strictly enforced and deadbeat parents flee from their responsibilities and
Judges/Commissioners let those parents have chance after chance to pay their
obligations. Why should they, when they are not punished? How is this fair to
tax payers when these families have to seek out public assistance just because
the obligor parent refuses to abide by the court orders?
According to the
federal Office of Child Support Enforcement, $108 billion in total back
payments was owed to parents with custody of children in 2009.
If those payments
aren't made and the children then need to go on public assistance, payments are
supposed to be made to the government in the form of reimbursement. About 49%
of that back money -- or roughly $53 billion -- is owed to the government,
according to Joan Entmacher, vice president of family & economic security
of the National Women's Law Center.
That's a raw deal for
taxpayers. But for the mothers owed -- 82% of custodial parents are women --
it's the severing of an economic lifeline.
Deadbeats are a big
reason why 41% of households headed by single women are below thepoverty level -- twice that for households headed by single
men and nearly five times that for married couples.
To get out of paying,
deadbeats will often take work in the underground economy to shield their income. Family courts are rife
with tales where men with off-the-books jobs cry poor mouth to the judge, only
to drive away in a Mercedes.
I am asking you to
please take the time to research this problem and prioritize it. The following
website will give you an idea of how bad it really is. This is reality, with
nearly almost 18,000 people complaining about Child Support arrearage. Please look
at this site and read what SO MANY other Single parents are saying. https://www.facebook.com/ChildSupportYouOweItPayIt?ref=hl
Our future are OUR
CHILDREN. What will you do about this?
Signed,
A Single Mother doing
it ALL on her own.
Some information found
in
Hargreaves, Steve.
"Over $100 Billion in Unpaid Child Support." CNNMoney. Cable News Network, 05 Nov. 2012. Web
CSDA - Child Support Directors Association of California
http://csdaca.org/about-child-support/federal-performance-measures/
YAY SOMEONE NEW FOR ME TO COMPLAIN TO ABOUT DCSS AND MY URESA CASE
YAY SOMEONE NEW FOR ME TO COMPLAIN TO ABOUT DCSS AND MY URESA CASE
ABOUT CSDA
For information or assistance with your personal child support case please call (866) 901-3212
The Association
The Child Support Directors Association of California (CSDA) was established in 2000 as a non-profit association to represent the local child support directors of California’s 58 counties. The association strives to be of service to local child support agencies (LCSA) in their effort to provide children and families with the financial, medical, and emotional support required to be productive and healthy citizens in our society.
Mission
CSDA promotes and supports the county child support agencies in their efforts to provide for the economic well-being of the children and families served by California’s Child Support Programs.
Statement of Values
The Child Support Directors Association strives to maintain the highest level of professionalism. The California child support program community reflects the rich diversity of the State of California – one of the most diverse communities in the world and one which we proudly serve on a daily basis. We are bound by Federal and State law prohibiting discrimination or disparate treatment on the basis of race, color, religion, sex, age, sexual orientation, physical abilities, political affiliation, ancestry, and national origin. All activities and publications of the Association shall conform to the following statement of values:
- We seek to honor diversity and treat all participants in its activities with dignity and respect.
- We are committed to direct and relevant communication, respecting the right of others to an atmosphere of learning, collegiality and professional development.
- We abide by the principles of confidentiality applicable to the Child Support Program. We respect diversity, individuality, and personal and professional differences.
- We are dedicated to conducting our business with professional and ethical standards. We are resolved to maintain a healthy, respectful, fulfilling and productive environment for all activities.
CSDA Staff
Vic Rea, Interim Executive Director
Lisa Bispham, Administrative Services Manager
Kate Pohl, Media Specialist
Sheri Sundahl, Office Assistant
Lisa Bispham, Administrative Services Manager
Kate Pohl, Media Specialist
Sheri Sundahl, Office Assistant
CSDA
2150 River Plaza Dr. Suite 420
Sacramento, CA 95833
916-446-6700 phone
916-446-1199 fax
2150 River Plaza Dr. Suite 420
Sacramento, CA 95833
916-446-6700 phone
916-446-1199 fax
Child Support Directors Association of California
2150 River Plaza Drive, Suite 420, Sacramento, California 95833
For information or assistance with your personal child support case please call (866) 901-3212
Federal Performance Measures
The Child Support Performance and Incentive Act of 1998 enacted significant changes in the way federal incentives are paid to states. The methodology changed from being based on cost-effectiveness only, to five federal performance measures implemented over a three year period, beginning October 1, 1999. The federal Office of Child Support Enforcement’s (OCSE) Action Transmittal 01-01, dated January 3, 2001 contains the federal regulations that govern the system. Since Federal Fiscal Year 2000, states are evaluated for federal incentive funds based on five performance measures:
Paternity Establishment Percentage
The IV-D Paternity Establishment Percentage (PEP) measures the total number of children in the IV-D caseload in the fiscal year (or, at the option of the State, as of the end of the fiscal year) who have been born out-of-wedlock and for whom paternity has been established, compared to the total number of children in the IV-D caseload as of the end of the preceding fiscal year who were born out of wedlock, expressed as a percent;
OR
The “Statewide Paternity Establishment Percentage” measures the total number of children born out-of-wedlock for whom paternity was acknowledged or established in the fiscal year compared to the total number of children in the state born out-of-wedlock during the preceding fiscal year, expressed as a percentage.
Percent of Cases with a Child Support Order
This data element measures cases with support orders as compared with the total caseload. Support orders are broadly defined as all legally enforceable orders, including orders for medical support only, and zero orders, expressed as a percentage.
Current Collections Performance
This performance standard measures the amount of current support collected as compared to the total amount of current support owed, expressed as a percentage.
Arrearage Collections Performance
This performance standard measures the number of cases with child support arrearage collections as compared with the number of cases owing arrearages during the federal fiscal year, expressed as a percentage.
Cost Effectiveness Performance Level
This measure compares the total amount of distributed collections to the total amount of expenditures for the fiscal year, expressed as distributed collections per dollar of expenditure.
Data Reliability
In addition to meeting these performance goals, for purposes of incentives and penalties, data must meet a 95% standard of reliability beginning in the fiscal year 2001. Reliable data means the most recent data available found by the Secretary to be reliable for the purposes of computing each of the Federal performance measures. Data must be found to be sufficiently complete and error free to be convincing for their purpose and context. Federal auditors are required to conduct audits to assess completeness, reliability, and security of the data, and the accuracy of the reporting systems used in calculating performance indicators.
Penalties
The penalty system is used to penalize states that fail to perform at acceptable levels or fail to submit complete and reliable data. IF the state falls below one or more of the performance measures, or does not meet the data reliability criteria, an automatic corrective action period of one year will ensue. If not corrected during that period, a penalty will be imposed at the end of the year.
Electronic Withholding Orders for Child support implemented by DCSS e-IWO
If this is true, then why can't they seem to get child support to the custodial parents that need it?
Electronic Income Withholding Orders (e-IWO)
A faster and easier way for employers to receive and reply to Income Withholding Orders is available. By utilizing the federal e-IWO or Electronic Income Withholding Order process, employers will save time and money while reducing the potential for error usually associated with manually processing paper documents.
New Law Requires Electronic Processing of Income Withholding Orders in All States
A new federal law requires that all states provide employers with the option of processing Income Withholding Orders electronically by October 1, 2015. Employers in California have enjoyed the benefits offered by e-IWO for more than two years. If your office is not receiving IWOs electronically, you can sign up and participate in the e-IWO program, today.
- Electronic Income Withholding Orders (e-IWO) - California is now exchanging e-IWOs with employers by utilizing the federal Office of Child Support Enforcement e-IWO process.
- Electronic Income Withholding (e-IWO) FAQ
Friday, April 8, 2016
FFCCSOA How to get your interstate (2 states) jurisdiction determined and enforced.
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Applicability of the Full Faith and Credit for Child Support Orders Act to States and Tribes
AT-02-03
Published: May 28, 2002
- Information About:
- State/Local Child Support Agencies, Tribal Child Support Agencies
- Topics:
- Case Management, Enforcement, Review and Modification, Intergovernmental/Interstate
- Types:
- Policy, Action Transmittals (AT)
- Tags:
- UIFSA
ACTION TRANSMITTAL
OCSE-AT-02-03
DATE: May 28, 2002
TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT, TRIBES AND TRIBAL ORGANIZATIONS, AND OTHER INTERESTED INDIVIDUALS
SUBJECT: Clarifying the Applicability of the Full Faith and Credit for Child Support Orders Act (FFCCSOA) to States and Tribes.
PURPOSE: The purpose of this action transmittal is to inform states and tribes of provisions of the Full Faith and Credit for Child Support Orders Act (FFCCSOA) and their application to both jurisdictions.
Congress enacted FFCCSOA (28 U.S.C. 1738B) in 1994 because of concerns about the growing number of child support cases involving disputes between parents who live in different states and the ease with which noncustodial parents could reduce the amount of the obligation or evade enforcement by moving across state lines. FFCCSOA requires courts of all United States territories, states and tribes to accord full faith and credit to a child support order issued by another state or tribe that properly exercised jurisdiction over the parties and the subject matter.
Congress amended FFCCSOA in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to be consistent with the requirements of the Uniform Interstate Family Support Act (UIFSA) regarding which of several existing orders prospectively controls the current support obligation, as well as UIFSA’s choice of law provisions. Most of the provisions regarding modification of orders in FFCCSOA and UIFSA are consistent as well. While tribes are not obliged to enact UIFSA as a condition of receipt of Federal funding of their child support enforcement programs operated under title IV-D of the Social Security Act, states are obligated to do so.
FFCCSOA addresses the need to determine, in cases with more than one child support order issued for the same obligor and child, which order to recognize for purposes of continuing, exclusive jurisdiction and enforcement.
Definitions applicable to FFCCSOA appear in section 1738B(b). FFCCSOA defines "state" to include "Indian country" as this term is defined in 18 U.S.C. section 1151. This means that wherever the term state is used in the Act, it includes tribe as well. "Court" is defined as "a court or administrative agency of a state [or tribe] that is authorized by state [or tribal] law to establish the amount of child support payable by a contestant or make a modification of a child support order."
Provisions of the Full Faith and Credit for Child Support Orders Act
General Rule: FFCCSOA section 1738B(a) provides that the appropriate authority in each state and tribe shall enforce a child support order made consistent with the provisions of FFCCSOA in another state or tribe according to its terms and that a state or tribal court may not modify an order of another state or tribal court except in accordance with subsections (e), (f) and (i) of FFCCSOA. Where a state or tribal court or administrative agency issues an order that is consistent with FFCCSOA the order must be recognized and enforced by other states and tribes.
Requirements of Child Support Orders: Section 1738B(c) of FFCCSOA contains the requirements of child support orders. In order for a child support order to be consistent with FFCCSOA, a court with subject matter jurisdiction and personal jurisdiction over the contestants must have issued it. Additionally, the contestants must have been given reasonable notice and opportunity to be heard.
Continuing Jurisdiction: Section 1738B(d) of FFCCSOA contains the provisions on continuing jurisdiction. A state or tribe has continuing, exclusive jurisdiction over an order issued by a court of that state or tribe if the state or tribe is the child’s residence or the residence of any individual contestant unless the court of another state or tribe, acting in accordance with subsections (e) and (f) has modified the order.
Recognition of Child Support Orders: Section 1738B(f) contains the provisions for determining the order recognized for continuing, exclusive jurisdiction. Both FFCCSOA and UIFSA have consistent rules for determining which order is the single effective order entitled to prospective enforcement when multiple orders exist. The rules are:
"If one or more child support orders have been issued with regard to an obligor and a child, a court shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction and enforcement:
(1) If only one court has issued a child support order, the order of that court must be recognized.
(2) If two or more courts have issued child support orders for the same obligor and child, and only one of the courts would have continuing, exclusive jurisdiction under this section, the order of that court must be recognized.
(3) If two or more courts have issued child support orders for the same obligor and child, and more than one of the courts would have continuing, exclusive jurisdiction under this section, an order issued by a court in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized.
(4) If two or more courts have issued child support orders for the same obligor and child, and none of the courts would have continuing, exclusive jurisdiction under this section, a court having jurisdiction over the parties shall issue a child support order, which must be recognized.
(5) The court that has issued an order recognized under this subsection is the court having continuing, exclusive jurisdiction under subsection (d)."
Authority to Modify Orders: A state or tribe may modify its own order as long as it has continuing, exclusive jurisdiction. The authority to modify the child support order of another state or tribe under FFCCSOA is found at section 1738B(e). Under this section, a state or tribal court may modify the order of another state or tribe if it has jurisdiction and the issuing state or tribe no longer has continuing, exclusive jurisdiction or if each individual contestant files written consent with the state or tribe of continuing, exclusive jurisdiction. FFCCSOA prohibits a state or tribe from modifying an existing order issued by another state or tribal court, unless these criteria are met.
Enforcement of Modified Orders: Section 1738B(g) of FFCCSOA contains the enforcement provision. If a state or tribe no longer has continuing, exclusive jurisdiction it may enforce the nonmodifiable aspects of the order and collect on arrearages that accrued before the date on which the order was modified under subsections (e) and (f).
Choice of Law: Section 1738B(h) contains FFCCSOA’s choice of law provision. In a proceeding to establish, modify, or enforce a child support order, the law of the forum state or tribe applies.As an exception to this rule, courts must apply the law of the state or tribe that issued the order when interpreting the order’s obligations, such as the amount and duration of support payments. In a proceeding for arrearages, the statute of limitations under the laws of the forum state or tribe or the issuing state or tribe, whichever is longer, applies.
Registration for Modification: Section 1738B(i) contains FFCCSOA’s registration for modification provision. If all of the individual contestants have left the issuing state or Indian country, the contestant seeking to modify an order issued in another state or tribe must register that order in a state or tribe with jurisdiction over the nonmoving contestant for purposes of modification. Either a state IV-D agency or a tribal CSE agency may be a party who is seeking to modify and enforce an order under this subsection.
RELATED REFERENCES: For further information on determining which order is entitled to prospective enforcement in cases with more than one order, consult OCSE-IM-01-02 which issued a TEMPO on determining controlling orders and DCL-00-64 which provided material and resources to help states and tribes make determinations of controlling order.
INQUIRIES TO: ACF Regional Administrators
ATTACHMENT: 28 U.S.C. 1738B
___________________
Sherri Z. Heller, Ed.D.
Commissioner
Office of Child Support Enforcement
Commissioner
Office of Child Support Enforcement
Other Resources on this Topic
Full Faith and Credit for Child Support Orders
January 2, 2001Uniform Interstate Family Support Act (UIFSA) Discussion Notes and NCCUSL Comments
March 6, 1997Instructions for Interstate Forms in Responding Cases and to Request Orders for Prior Periods
January 28, 1994Recently Enacted Laws Impacting the Child Support Enforcement (IV-D) Program
November 30, 1994Uniform Interstate Family Support Act 1996
November 8, 1996
Administration for Children & Families
U.S. Department of Health
and Human Services
330 C Street, SW
Washington, DC 20201
and Human Services
330 C Street, SW
Washington, DC 20201
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