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GV70 · Jan 5, 2008, 12:40 AM

Originally Posted by watermun

UPDATE:
After visiting the atty, he advised me to pay CSE instead of the mtg. He advised that the state has the power to override the decree without going to court or even notice to me, ... That I may have to go to court to have the back payments they are requesting removed. That I must go to CSE with all my receipts(will do that on monday AGAIN)for the year, and if they still dont accept it , then we go to court to have it removed.

Unfortunately I was right-he has to pay CS instead the mortgage notwithstanding the court decision.CSE is NOT obligated to inform anyone who has to pay CS.

watermun · Jan 5, 2008, 08:38 AM

We didn't know that until we spoke to the attorney and he looked up the statue. He said that code has to do with some sort of public assistance she is receiving. He also said that he is almost certain that she did not tell them about the agreement.. What difference getting public assistance make? Thank you.

ScottGem · Jan 5, 2008, 03:52 PM

The reason it makes a difference is that the state doesn't want to pay to support your children if they don't have to. So as soon as she requested public assistance, their first focus was to go after you for child support. So what happens, is they either pay her and get reimbursed from you or they make sure they get the support from you so they can dole it out to her. But that's the reason why they don't care about the divorce decree. They have to make sure the money is collected to pay the public assistance.

I would see if you can talk to her case worker. Your attorney is right that she almost definitely did not tell them about the decree agreement. And that could be considered fraud.