A review of my child support records revealed a state agency that thought it was above the law - and saw civil rights as just a quaint notion.
I am not an attorney, and this is not legal advice. Just my story, which I hope will help others.
I was an adjudicator for the state of Indiana's Dept. of Workforce Development, and prior to that was part of a fraud detection unit working with the state of Nevada during the 'wild west" PUA era. I have seen my share of fraudulent activity. But what I found in my own child support records left even this seasoned investigator stunned.
My job had always involved going after people trying to defraud the state. Suddenly, the roles had been reversed, and it was the state engaged in fraudulent activity against me.
The state of Florida had moved my child support order from TX, but throughout the entire process they completely ignored state and federal law.
The basic requirements for moving a child support order from one state to another are not complicated. Nor are they merely a set of recommendations. The information required by the law MUST be part of the registration process. Strict compliance with the law and its mandates is expected; and while minor typos may be overlooked, what happened in my case would never be overlooked - and can never be unseen.
When moving a child support order to a new state, the minimum requirements include:
•A Letter of Transmittal (the 'handshake' from one state to another). This is often a form and sometimes includes the arrearage information detailed below; but it can also be handwritten, as long as all of the required elements are present;
•A Sworn Statement of Arrears (sometimes included as part of the above Letter). The law requires a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage. This can also be handwritten, as long as all of the required elements are present;
•Two Copies of the Order being transferred to a new state, with one of those copies being Certified (not rocket science, but somehow this was overlooked when my case was submitted for registration);
•Proof of Service (this one's tricky, as the state of FL says that as long as a clerk drops an envelope into a mailbox, they have met this very low bar). Lucky for me, the mail was sent to a Mailbox Etc. and returned. See below for how they 'satisfied the service requirement' in my case;
The law has a solution for that, and it's called "substitute service," which allows the state to just leave the letter at your last known address, among other options. Before this can be done, however, the state requires a "Diligent Search," and there is a form for that. The court must be convinced that the state, or person registering the case, made a very serious effort to find the person named in the child support order.
ANATOMY OF A FAILED AND UNENFORCEABLE CHILD SUPPORT ORDER
This is what I found in my files:
•The "Letter of Transmittal" is a cover sheet with a single handwritten note.
•The "Sworn Statement of Arrears" is neither sworn nor is it a statement.
•The one and only attempt at "service" was a piece of mail, which was returned from a commercial mail facility and clearly stamped "WE DO NOT FORWARD" and at least two of those cartoon fingers pointing back at the return address. Yet they did nothing else to try to find me. As a result, I was never served, and thus the child support order, in the eyes of the law, never existed. It was DOA.
•NO Certified copy of the original order was ever in the file. This by itself is a fatal flaw, but when combined with the other "administrative failures" (a polite way of saying "lawless activity"), the order never existed.
As a result, the support orders, garnishes, intercepts (which in my case included taking every dollar I got from FEMA after I lost everything to a hurricane), were all done absent any legal authority and in violation of my rights.
If your child support order was moved from one state to another, you owe it to yourself to log on and read the docket on your case.
What tipped me off right away when I looked at my docket was that the time from Entry 1, the "Notice of Registration," and entry 32, the "Order Registering" the case, was almost 3 years!
Log on to your docket, and look for these entries:
· The Trigger (Entry 1): Look for an entry titled Notice of Registration, Request for Administrative Registration, or Petition to Register Foreign Order. Note the exact date it was filed.
· The Notice Attempt: Look immediately after Entry 1 for a line item indicating mail was sent to you (e.g., Summons Issued or Notice Mailed).
· The Return (The Red Flag): Look for an entry showing the mail came back to the court. It might say Returned Mail Envelope Recorded, Undeliverable, or Unserved. Note this date.
· The Gap: Now, look at the entry titled Order Confirming Registration or Final Judgment. Compare the date of the failed mail/Notice to the date the Judge or Hearing Officer signed that final order. The Uniform Interstate Family Support Act says the receiving state must register the case "upon receipt." 3 years later is a bit outside that 'upon receipt' window.
Let me close, for now, with this. When an order is 'registered' absent the required elements outlined in the Uniform Interstate Family Support Act, it didn't happen, and the law is very clear. Since I am not a lawyer, I'll provide a case citation: Citibank, N.A. v. Villanueva, 174 So. 3d 612, 614 (Fla. 4th DCA 2015) (clarifying that “when a judgment is void, the trial court has no discretion and is obligated to vacate it”).
Also: Under landmark Florida law, the obligation to make restitution rests directly upon the party who executed and benefited from the erroneous or invalid judgment. See Sundie v. Haren, 253 So. 2d 857, 858 (Fla. 1971).
I filed a Motion to Vacate / Void the Order, and it's on the Escambia County docket awaiting a hearing date. This post may push that date back, as the state is not above vindictive posturing, but we shall see. Stay tuned for updates, and look for the launch of my new website soon, which will include more about me and my case, and a tutorial on how to get records when the clerk is being obstructionist.
I will update this space when there is more to report.