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-   -   Can I file charges against my ex for telling another state I don't pay her support? (https://www.askmehelpdesk.com/showthread.php?t=558024)

  • Feb 26, 2011, 10:35 AM
    MadDad007
    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?
  • Feb 26, 2011, 10:39 AM
    JudyKayTee

    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.
  • Feb 26, 2011, 11:18 AM
    MadDad007
    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?
  • Feb 26, 2011, 11:29 AM
    excon
    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
  • Feb 26, 2011, 12:26 PM
    cdad

    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 ?
  • Feb 26, 2011, 12:54 PM
    AK lawyer
    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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