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    MadDad007's Avatar
    MadDad007 Posts: 2, Reputation: 1
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    #1

    Feb 26, 2011, 10:35 AM
    Can I file charges against my ex for telling another state I don't pay her support?
    My son's mother filed for public assistance with the state of Arizona. She told them that I haven't paid her anything in 6 years. I went to court last month here in Florida where our case is active/originated to file a motion for clarification because the order contained a clerical error. I won the case, the error was fixed, my arrears have been added to my support and I've been paying them for the past 6 years religiously.

    The state of Arizona has now gone after my taxes based on my son's mother telling them that I hadn't paid her ANYTHING in 6 years - close to $20thousand in arrears according to her.

    Can I call the sheriff's department in her municipality and have her arrested for defrauding a government agency?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 26, 2011, 10:39 AM

    No, you cannot. You show your proof to the State of Arizona and THEY will charge her with fraud if it's warranted.

    You can always sue her for fraud, emotional distress, all sorts of things - in a higher court than Small Claims (which as a rule won't take emotional distress cases), loss of income, anything like that.
    MadDad007's Avatar
    MadDad007 Posts: 2, Reputation: 1
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    #3

    Feb 26, 2011, 11:18 AM
    OK... I understand that and that's excatly what I have done (sent all copies to AZ) yet they still intersepted my tax return and are investigating my assets and turned the debt over to collections... I thought it was illegal to open a new case in another state with an open case in the originating state UIFSA... why did AZ allow and aid in this?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 26, 2011, 11:29 AM
    Quote Originally Posted by MadDad007 View Post
    why did AZ allow and aid in this?
    Hello Mad:

    Cause you've got one state agency doing what it thinks is right, and you've got another one who knows it's wrong. You'd think that would be enough, wouldn't you? Well, it isn't, as you've found out. Plus, if you continue to LEAVE it to the bureaucrats to figure out, then you might as well forget it. You need somebody in Arizona who can ENFORCE your rights. I don't know anybody who'll do that for you except a lawyer.

    excon
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Feb 26, 2011, 12:26 PM

    Why don't you bring this to the attention of the Florida Agency that is currently collecting your support? They can notify Arizona of the double dipping and lack of jurisdiction. Also did you receive notice of any hearings or anything from Arizona ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 26, 2011, 12:54 PM
    Quote Originally Posted by MadDad007 View Post
    ...
    The state of Arizona has now gone after my taxes ...
    Quote Originally Posted by MadDad007 View Post
    ... they still intersepted my tax return and ...
    Arizona is seeking to interecept your tax refund from the IRS? This must be what you mean, since Florida doesn't have an income tax and you aren't in Arizona.

    Have you notified the I.R.S. of the situation?
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