My question involves a child custody case from the State of: Oregon
I divorced in 1994 in County "A", State of Oregon. I was the obligee of a child support order which the other parent never paid.
In 1995, custody changed and an order in a different county, County "B", from the same state of Oregon, was initiated by the state due to the other party becoming the custodial parent being on welfare. Come to find out years later, Oregon State child support office did not modify the original child support order issued through County "A" where the original child support order was awarded. They instead created an entirely new case in County "B". At the time, all I knew was that I became obligor and I began paying child support.
In 2002 I regained full physical custody of my three children. The child support office requested proof of the children living with me, such as school records. After I was able to prove the children lived with me, they stated I needed to complete a request to terminate the child support form, which I did. I submitted the form to their office and they immediately closed the case. Four days later was my next wage garnishment. The child support office sent back my payment as my case was closed. The child support office also returned the next three payments until my employer figured out they no longer had to garnish my wages. The child support office did not seek a child support order from the other parent. The other party did not have a job, and I did not know that I could seek an order. Fast forward to 2008. In 2008 I became aware of the other party having a job, so I contacted the child support office and requested child support. They modified the original child support order in County "A", and I became obligee once again. They did not modify the child support order from County "B".
The other parent somehow discovered the state's error and is now seeking $50,000.00 in child support arrears from me from 2002-2013. From 2002 - 2013 I was the sole physical custodian. The child support office had closed my case, and returned four payments back to me. What I see has happened is the state closed their case in 2002 without legally terminating the order in County B. They just "closed" the case and stopped enforcing the order. When I sought child support in 2008, they still did not see their mistake. They modified the original CS order from 1994 awarded in County "A" instead of modifying the CS order awarded in County "B". This resulted in two child support orders running parallel and competing one another.
I lost my initial ALJ hearing, as I am being told that once a child support payment becomes due and becomes arrears, there is no remedy. I cannot locate any information for competing orders with both parents being both obligee and obligor simultaneously. It sounds similar to The Uniform Interstate Family Support Act; however, this has all happened within the same state, just different counties. Any suggestions would be greatly appreciated. Please ask questions if I did not make anything clear.
I divorced in 1994 in County "A", State of Oregon. I was the obligee of a child support order which the other parent never paid.
In 1995, custody changed and an order in a different county, County "B", from the same state of Oregon, was initiated by the state due to the other party becoming the custodial parent being on welfare. Come to find out years later, Oregon State child support office did not modify the original child support order issued through County "A" where the original child support order was awarded. They instead created an entirely new case in County "B". At the time, all I knew was that I became obligor and I began paying child support.
In 2002 I regained full physical custody of my three children. The child support office requested proof of the children living with me, such as school records. After I was able to prove the children lived with me, they stated I needed to complete a request to terminate the child support form, which I did. I submitted the form to their office and they immediately closed the case. Four days later was my next wage garnishment. The child support office sent back my payment as my case was closed. The child support office also returned the next three payments until my employer figured out they no longer had to garnish my wages. The child support office did not seek a child support order from the other parent. The other party did not have a job, and I did not know that I could seek an order. Fast forward to 2008. In 2008 I became aware of the other party having a job, so I contacted the child support office and requested child support. They modified the original child support order in County "A", and I became obligee once again. They did not modify the child support order from County "B".
The other parent somehow discovered the state's error and is now seeking $50,000.00 in child support arrears from me from 2002-2013. From 2002 - 2013 I was the sole physical custodian. The child support office had closed my case, and returned four payments back to me. What I see has happened is the state closed their case in 2002 without legally terminating the order in County B. They just "closed" the case and stopped enforcing the order. When I sought child support in 2008, they still did not see their mistake. They modified the original CS order from 1994 awarded in County "A" instead of modifying the CS order awarded in County "B". This resulted in two child support orders running parallel and competing one another.
I lost my initial ALJ hearing, as I am being told that once a child support payment becomes due and becomes arrears, there is no remedy. I cannot locate any information for competing orders with both parents being both obligee and obligor simultaneously. It sounds similar to The Uniform Interstate Family Support Act; however, this has all happened within the same state, just different counties. Any suggestions would be greatly appreciated. Please ask questions if I did not make anything clear.
Termination of Support: Oregon Child Support Office Closed Case Without Legally Terminating Order
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