Expert: John Fuller - 3/18/2008

Question
I will try to make this as succinct as possible. Please read and respond, as we are almost out of option. It is a very involved problem. Ottawa County in Michigan started garnishing my husband's payroll checks back in 2000, for $100/week for what they call "arrearages in child support." Thinking he could get this easily over-turned he made multiple phone calls,letters, etc. to them to no avail. In 2003 we hired an attorney who quit the case after multiple attempts to get this agency to respond to his questions. Bottom line, is that he is not in arrearages. He moved to NC in 1983 and continued paying his support through an interstate arrangement (URISA, I think). Around 1992 he finished his obligation, according to the county we live in (in NC), though he continued to get threatening mail from the Michigan agency stating he was in arrears. Of course, he would call the MI agency and remind them he was paying through URISA, and his obligations were finished. Attempts to obtain his payment records from our local office have been difficult, as he was told they are all on microfilm. He is still going to get them this week, however,if possible. Meantime, for 7-1/2 years his pay has been robbed of this, totaling over $30,000! Just this week we received news that the IRS is sending our entire joint tax refund (over $2100) to the child support agency in MI! We use that to pay our mortgage tax. While I realize this story is crazy and convoluted, it is true. When he is able to get a caseworker on the phone they treat him as if he is a "deadbeat dad", which he is not. His YOUNGEST child is 29! We don't know where to turn to get real help, and we suspect his civil rights are being violated. One reason for this is that his HR department showed him the Garnishment Order last year and it WAS NOT EVEN SIGNED- not by a judge, caseworker, or anyone. It was a BLANK garnishment form! He has tried to get his HR manager to stop taking these wages for this reason, but the guy is "afraid he'll get in trouble." You know the kind. Last year he was able to obtain an audit, however, it was a joke. The audit was HANDWRITTEN, not typed on a computer, and the entries didn't make sense at all- even to a CPA friend of our's who looked it over. The CPA friend said it appeared the agency was just fabricating numbers. We are NOT able to afford an attorney of any sort, so please don't suggest that. I want information on where a citizen turns for help when a government agency refuses to respond, and especially when you are 99% certain your money is being stolen. Would the US Dept of Justice help? How about the state Attorney General for NC or MI? Would our local representatives be able to help? And, what about the blank garnishment form, is that legal? As you see, I am not really seeking legal advice, just some directions on where an upstanding US citizen, veteran can get help. This garnishment is crippling us little by little. If there is a government agency that you may know of which I haven't listed please give me the info. Our family would be so appreciative. Thank you in advance.

Answer
Hi Patricia,

It appears that you have a very complicated problem that may involve fraud and also imcompetence of too many agencies to mention.  I am not sure if you have a civil rights violation; however I will provide the following advice based upon your situation.  First of all, there are never too many places to place a complaint to.  You should though concentrate your efforts to those within your state of North Carolina.  The Attorney General's complaint processes usually involves consumer complaints for retail; however, since this involves your credit report (garnishments, etc.) which are certainly being repoted, I would certainly file a complaint with them to have them investigate.  Tell them you also are complaining about alleged possible fraud being placed upon you from your company.  Then I would have your husband go farther than the HR department up to the President of the company if possible to have their legal counsel provide you with some assistance.  You can let them know that you suspect fraud.   I am not an attorney but I would consider filing a civil suit in family court which you can do on your own without an attorney but first contact the company listed last on this email before proceeding to do that.  Then, make an appointment with your Congressman or his representative and they will certainly take your case and then it can go from Congressman to Congressman from both states and there will be a response and an investigation to answer your concerns.  The IRS also has an appeals process.  Go to their internet site.  This office of appeals is separate from the IRS and will take your case:
http://www.irs.gov/individuals/content/0,,id=98196,00.html

Even though you do not have funds for an attorney, I would consult this firm called Premier Family Services which is a Nationwide Parental Advocacy firm.  They are a specialized out of state firm and give initial free advice and let you know how either they can help or what they can do for you:

http://www.affordablehelp.org/?gclid=COLK56jul5ICFRSTGgodNjG0Zw

I sure hope this gives you some avenues to finally provide for your relief.

John