Failure to observe State Laws!!! -- Bob Geldof Message Board

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Date Posted: 18:09:09 09/02/04 Thu
Author: Valeriana L. Wilson
Subject:

Failure to observe State Laws!!!

I several years ago voluntarily gave my children to my former spouse. I was in the military but hopefully this is my last semester of school.

Now get this, a certain county sent me a letter that I was in arrearages, exactly five months-which is a complete lie.
You see, my case comes out from the state of Virginia, which I have a pattern of paying 2 to 5 months ahead. Further, than that I kept copies of every child support check that I have ever paid to the state of VA this certain county-and read them the "bloody riot" act.

Additionally, I also had to write the original state of jurisdiction which is Virginia Dept of Social Services to contact this certain county child support courthouse, that I had 0 arrearages. I also faxed the Attorney General of VA about this case as well.

This certain county failed to contact the State of VA of any arrearages, in the first place. It was I who sent them the order as well past paid childsupport payments. What got me was that this County Court thought that they could circumvent original jurisdiction, but also forgo "due process". I also asked what proof they had to start this whole case in the first place...their answer it was a clerk?

Another, thing that $35.00 fee that they used to open up this whole case-it gave the impression that Wisconsin had original jurisdiction, and that I had been always been paying for the children through that particular county. It wasn't until I challenged them,that they had to take it off,and cancel the whole action.

You see,what they were trying to do is go throught the back door or jurisdiction, not observe juris prudence in other words, and circumvent the State of VA. In reality the State of Wisconsin, slapped the Court of V.A. Beach, VA and actually was accusing them indirectly of not doing their job. Give me a break if they looked up V.A.'s family law section its, "90 days or $5,000", and plus other situations would of been put into action.

But getting back to the issue of the clerk...you mean to tell me that the State of Wisconsin would let a clerk have absolute power and judicial authority, and they put in whatever they like? Then the county can give an excuse of "governmental immunity"? They (County) had a responsibility of due care of contacting the state of VA. The truth is if it wasn't for me knowing what I know in law. I would of been SOL.

By the way I faxed this county again and I asked:"What prima facie evidence" did you have to put the arrearages on the account? I'm still waiting for their answer. Further, I'm not giving up I'm going further with this particular situation. If they are willing to do this to me, then how many people will they hurt in the past or in the future? What get's me is that these certain individuals who epresent the state of Wisconsin, and therefore are agents that are a direct representation of Wisconsin are more than willing to ruin a person's life-without checking the facts, and more over no evidence?

Again, I'm not letting this go...this is not a simple mistake.

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Replies:

[> Re: Failure to observe State Laws!!! -- AJ, 12:16:10 01/26/05 Wed

There's a lot of people getting screwed by the system and the employees know that the average citizen can't do anything about it because they either can't afford it, or don't know the laws or "loopholes" within it.

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