This is in reguards to how Oregon Child Support system, totally ignores requests for clarification. And also Idaho Child support System.
We have a case involved in arrears only: Not a large amount but still an amount.
We live in Idaho and the original order came from Oregon. Then the case was registered in Idaho for enforcement of order only. Since this was an arrears case only.
Every time we would contact Idaho concerning out case they would state you must talk to Oregon on any laws or concerns with your case.
Which we did - at one point and time both Oregon and Idaho notified us that Oregon was going to do a EOJ "Expiration of Judgement" on our case according to Oregons statute of limiitations. The expriation went through and a certain amount was lost due to the EOJ. Each party obligee and obligor had 30 days to contest the findings. NEITHER party contested - nor did eithor of the states contested the findings.
It was not until over 2 months later (closer to 3) Idaho and Oregon decide they were not going to honor the EOJ and use USIFA as there reasons. Which o.K. But under USIFA it is up to both states to know each states statute of limitations and to go accordingly. So since Idaho's statutes are longer then Oregons the EOJ should of never been conducted in the first place. This they (Oregon) told to me that it was a mistake and they shouldn't of conducted the EOJ.
O.K. So they admited they did a mistake ~ but at anyrate the EOJ was conducted and we were officially notified of the findings.
I still have not received any notification formally that the original EOJ is not valid and that changes were made. Just I can tell by the statements - that the amount is back up to the original amount.
I then wrote a certified letter to Oregons District Attorney (that deals with child support issues) and asked simply could I get in writing the statue that allows amounts to be added on after times frames have been exhausted to do so. And if extentions are possible please state the statutes that list this. Also to clarify certain issues in our case why these things happened in the manner they did and why was not proper notifications sent out etc. Basically point me to the laws that allow this to happen in the way it did. And please to do so in a timely manner in 30 days.
I received a notice from the District Attornies office stating that they had sent the documents and letter I wrote to the Oregons Child Support Officer that was handling our case.
Needless to say Oregons CES has not responded at all. I did not ask for them to change anything ~ just to send to me, what statutes allows them to conduct our case in the way they did.
I feel if handled our case in a legal manner then there should be no problem for them to show the the statutes allowing this. It is a simple request for clarification. Are they not case workers for BOTH the Obligee and Obligor? Should they not respond to a simple request?
Why are they ignoring me, can they not show any statutes that allowed them to handle this case in this manner. I personally feel under USIFA that Oregon should not even of conducted the EOJ on this case. IF at that time they were useing the standard USIFA guidelines. As Idaho did have the longer SOL. Again USIFA is just guidelines and does not control which state should use what statute of limitations.
Oregon guidelines even state that EOJ should NOT be conducted on orders that have been registered in another state. Oregon also states that under USIFA and the statute of limititations issue, that the issueing state should be in control. Well Oregon in this case is the issueing state and they choose to go with there statute of limitations on this case. Idaho was only to enforce the order, and are not the controlling state.
So bottom line I feel since Obligor nor Obligee, Oregon or Idaho state contested the findings of the Expiration of Judgement in the alloted time frame to do so. That the EOJ should hold true.
This does not say that later on if the Obligor decided to pursue the longer states SOL - then this could happen. But then it should follow the proper courts channels. It should not of been left up to CES from either state to just make decisions on there own long after the EOJ was finalized and the time frame to contest was already past.
And if it is legal to do so ~ then atleast be professional enough to state what statutes you were following that gives them the right. You are dealing with peoples financial lives here. And please don't play GOD!
*On a further note I know someone that works in CES in a totally different state - and they have told me that statues rules, and guidelines are not followed. That case workers all the time decide how they want to handle there cases. Alot of the times it is not legal, or they have no statues to allow then to do certain things, but they know that 9 times out of 10 it will never get questioned. Conclusion: Therefore they will continue to play GOD with peoples lives.*
Also the person I know that works in CES stated that the custodial parents are so blood thirsty and money hungry that they expect to go after Grandparents, relatives anyone to get there child support raised. Alot of the times they know that they are sending the non-custodial parents to the poor house and sometimes even drive them to suicide! But hey its job security! In our case this person said it was not handled properly and at the very least should be explained to us why it was handled in this manner.
Again if our case was handled appropriatly then I have no qualms - but show me the facts that allowed our case to be handled in this manner. I wish receive it in writing from them, from my case worker that is suppose to be working for both the Obligee and Obligor.
Thank you, please no bashing as we do not have a problem paying just want clarification on laws that gave them the right to handle our case in this manner.
There is no appropriate place to put this post, as it is not a dead beat parent issue. Both me and X did not contest the findings of the EOJ and were accepting the findings. But is a CES issue on how they are handling a case. And just want proof that it was handled appropiatly. We have no problem paying it off, financialy maybe ~ so may take some time~ but morally no.
Laurie
P.S. There maybe should be a section on the "complaint" that does say "Child Enforcement Services". As I am sure there is many that have legit complaints against them. And this may help in solving the national problem we have with this organization. They should be held accountable for there actions.
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