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  #11  
Old December 5th 03, 06:17 AM
Tracy
external usenet poster
 
Posts: n/a
Default Tax Intercept

"agrich" wrote in message
hlink.net...

Hello, I have been lurking here on and off since 97'

History:

Paternity suit victim, child 14 years old. State of Arkansas. Stipulated

to
paternity after DNA testing 6 months ago.
Mother awarded 5 years retro-active support. Retro support to be paid

weekly
in addition to current support. Fines, fees and testing cost awarded to
state. Fines, fees and testing were paid off in allotted 6 months. Current
and retro support paid 2 weeks in advance thru child support

clearinghouse.

Got a pre-tax intercept notice in OCT ($230.00). Wrote letter to local

OCSE
requesting admin hearing, They did not answer. called after 14 days, they
could not explain how the came up with the amount. I requested that they
send me something in writing, 10 days past and I then wrote them another
letter requesting that they explain how they came up with the arrearages

and
if they were going to certify the debt or not. Still no answer. Should I
write my congressman or governor? or both? While the amount is small, a
capture will just screw things up. and besides I feel they are making me

out
to be a deadbeat, I have perfect payment record. That's what really sucks.



Somehow they put a flag on your account showing you owe back support. At
this time it doesn't matter *how* it happened, but the fact that they clear
this mess up with the federal government. Give them a call tomorrow and
request verification they have removed that flag, then contact the IRS
department and explain to them there must be some sort of problem - because
you *don't* owe back support. Ask the IRS what you need to provide them to
show you don't owe back support. Record who you spoke with, exact date &
times, etc. If this doesn't get cleared up (with verification) within a few
weeks, then yes email your congressman.


Good luck,

Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***


  #12  
Old December 5th 03, 12:23 PM
agrich
external usenet poster
 
Posts: n/a
Default Tax Intercept

D, there is no interest per the agreement prior to stipulation Also state is
allowed to collect interest. but doesn't (yet) They threw out the number and
I agreed to pay it, I have done so. I expect them to uphold their end of the
deal. I'm sure the CP is just giddy since OCSE has notified her what to
expect.

"The Dave©" wrote in message
...
Bob Whiteside wrote:
Taxes - You mentioned the tax tip, and I'll assume that means you
know as a never married father you have the right to take the child
as an exemption if you meet the IRS test of paying more than 50% of
the defined expenses. Also, I would recommend adjusting your
withholding exemptions so you have a small tax to pay at the end of
each year. That way there is no tax refund to intercept. As long as
you pay 90% (IIRC) of the tax due, there is no penalty for
underpaying taxes due through withholding. You can also do what you
suggested, i.e. apply any refund to your next year's taxes due, and
that will protect any refund from being intercepted.


If a person owed the money, and didn't need the tax refund, wouldn't it
be better to let them take it, thus reducing the balance and interest
and paying it off sooner?



  #13  
Old December 5th 03, 12:23 PM
agrich
external usenet poster
 
Posts: n/a
Default Tax Intercept

D, there is no interest per the agreement prior to stipulation Also state is
allowed to collect interest. but doesn't (yet) They threw out the number and
I agreed to pay it, I have done so. I expect them to uphold their end of the
deal. I'm sure the CP is just giddy since OCSE has notified her what to
expect.

"The Dave©" wrote in message
...
Bob Whiteside wrote:
Taxes - You mentioned the tax tip, and I'll assume that means you
know as a never married father you have the right to take the child
as an exemption if you meet the IRS test of paying more than 50% of
the defined expenses. Also, I would recommend adjusting your
withholding exemptions so you have a small tax to pay at the end of
each year. That way there is no tax refund to intercept. As long as
you pay 90% (IIRC) of the tax due, there is no penalty for
underpaying taxes due through withholding. You can also do what you
suggested, i.e. apply any refund to your next year's taxes due, and
that will protect any refund from being intercepted.


If a person owed the money, and didn't need the tax refund, wouldn't it
be better to let them take it, thus reducing the balance and interest
and paying it off sooner?



  #14  
Old December 5th 03, 08:27 PM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default Tax Intercept


"agrich" wrote in message
. net...
D, there is no interest per the agreement prior to stipulation Also state

is
allowed to collect interest. but doesn't (yet) They threw out the number

and
I agreed to pay it, I have done so. I expect them to uphold their end of

the
deal. I'm sure the CP is just giddy since OCSE has notified her what to
expect.


There seems to be little or no consistency in how never married fathers are
assessed arrearage support once an order is finalized. What reasoning did
the state/court use to set your arrearage retroactively at 5 years? Did
they use your wages at the time the order was set to establish the retro
amount, or did they adjust for what you actually made during the preceding 5
year period?


  #15  
Old December 5th 03, 08:27 PM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default Tax Intercept


"agrich" wrote in message
. net...
D, there is no interest per the agreement prior to stipulation Also state

is
allowed to collect interest. but doesn't (yet) They threw out the number

and
I agreed to pay it, I have done so. I expect them to uphold their end of

the
deal. I'm sure the CP is just giddy since OCSE has notified her what to
expect.


There seems to be little or no consistency in how never married fathers are
assessed arrearage support once an order is finalized. What reasoning did
the state/court use to set your arrearage retroactively at 5 years? Did
they use your wages at the time the order was set to establish the retro
amount, or did they adjust for what you actually made during the preceding 5
year period?


  #16  
Old December 6th 03, 12:44 AM
agrich
external usenet poster
 
Posts: n/a
Default Tax Intercept


I think my attorney *offered* them 5 years at minimum weekly amount. the
attorney is another complete story. This suit is 14 years old. In 97 they
sued in Fl. and didn't show up for DNA testing that the court ordered and I
payed for. Motioned to dismiss with prejudis, no luck. Also this is one of
the cases that was caught up in the Ar CS scandle where the FBI raided local
attorneys and OCSE office.

I told the Lier^^^^^ lawyer that I was concerned about back support, he
came back from chambers he came back with "a good deal" 5 years. he argued
that they could have gone back 14 years and that if we went before the judge
that is most like what would have happened. I should have fired him on the
spot. Typical backwoods southern lawyer.

I have sent a letter to the CP requesting that the retro-active arrears be
forgiven, but she's I doubt if she will, It's all about money for her.



"Bob Whiteside" wrote in message
.net...

"agrich" wrote in message
. net...
D, there is no interest per the agreement prior to stipulation Also

state
is
allowed to collect interest. but doesn't (yet) They threw out the number

and
I agreed to pay it, I have done so. I expect them to uphold their end of

the
deal. I'm sure the CP is just giddy since OCSE has notified her what to
expect.


There seems to be little or no consistency in how never married fathers

are
assessed arrearage support once an order is finalized. What reasoning did
the state/court use to set your arrearage retroactively at 5 years? Did
they use your wages at the time the order was set to establish the retro
amount, or did they adjust for what you actually made during the preceding

5
year period?




  #17  
Old December 6th 03, 12:44 AM
agrich
external usenet poster
 
Posts: n/a
Default Tax Intercept


I think my attorney *offered* them 5 years at minimum weekly amount. the
attorney is another complete story. This suit is 14 years old. In 97 they
sued in Fl. and didn't show up for DNA testing that the court ordered and I
payed for. Motioned to dismiss with prejudis, no luck. Also this is one of
the cases that was caught up in the Ar CS scandle where the FBI raided local
attorneys and OCSE office.

I told the Lier^^^^^ lawyer that I was concerned about back support, he
came back from chambers he came back with "a good deal" 5 years. he argued
that they could have gone back 14 years and that if we went before the judge
that is most like what would have happened. I should have fired him on the
spot. Typical backwoods southern lawyer.

I have sent a letter to the CP requesting that the retro-active arrears be
forgiven, but she's I doubt if she will, It's all about money for her.



"Bob Whiteside" wrote in message
.net...

"agrich" wrote in message
. net...
D, there is no interest per the agreement prior to stipulation Also

state
is
allowed to collect interest. but doesn't (yet) They threw out the number

and
I agreed to pay it, I have done so. I expect them to uphold their end of

the
deal. I'm sure the CP is just giddy since OCSE has notified her what to
expect.


There seems to be little or no consistency in how never married fathers

are
assessed arrearage support once an order is finalized. What reasoning did
the state/court use to set your arrearage retroactively at 5 years? Did
they use your wages at the time the order was set to establish the retro
amount, or did they adjust for what you actually made during the preceding

5
year period?




  #18  
Old December 7th 03, 04:43 AM
Lecher9000
external usenet poster
 
Posts: n/a
Default Tax Intercept

You are right - they play games with the CS accounting to justify
their existence. They bill CS accruals one month in advance and credit your
payments one month in arrears.


Aha ! That is why my account has an "arrears" balance, even though I am fully
paid up and always have been, and why the former welfare recipients who answer
the phones at DR can never tell me whether I am really in arrears or not. I get
a "yes" one day and a "no" the next, and sometimes a yes and a no from the same
former welfare recipient on the same day.

I hope those communist lesbos all go straight to Hell.
  #19  
Old December 7th 03, 04:43 AM
Lecher9000
external usenet poster
 
Posts: n/a
Default Tax Intercept

You are right - they play games with the CS accounting to justify
their existence. They bill CS accruals one month in advance and credit your
payments one month in arrears.


Aha ! That is why my account has an "arrears" balance, even though I am fully
paid up and always have been, and why the former welfare recipients who answer
the phones at DR can never tell me whether I am really in arrears or not. I get
a "yes" one day and a "no" the next, and sometimes a yes and a no from the same
former welfare recipient on the same day.

I hope those communist lesbos all go straight to Hell.
  #20  
Old December 7th 03, 07:29 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default Tax Intercept


"Lecher9000" wrote in message
...
You are right - they play games with the CS accounting to justify
their existence. They bill CS accruals one month in advance and credit

your
payments one month in arrears.


Aha ! That is why my account has an "arrears" balance, even though I am

fully
paid up and always have been, and why the former welfare recipients who

answer
the phones at DR can never tell me whether I am really in arrears or not.

I get
a "yes" one day and a "no" the next, and sometimes a yes and a no from the

same
former welfare recipient on the same day.

I hope those communist lesbos all go straight to Hell.


Every CS case file has what I call the "2 month gap." The system bills what
is owed prior to the first of the month when the CS monthly amount accures.
Then they don't credit the obligors payments until after the end of the
month when the CS payments have been taken through wage withholding. The
net affect is a "2 month gap" between the billings and application of CS
payments.

This BS is why every NCP needs to do a monthly audit of their account. That
is the only way for an NCP to counter how the CS system sets up obligors to
appear to not be paying as agreed.


 




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