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!
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