Doug's Story, Page 2

After finding out where she had moved to I asked the CSE office what could be done to collect the child support that she owes. They said that they could collect but since she moved out of state it could take six to eight months to get anything done.

I waited the six months and talked to the CSE office again and they said that they hadn't heard anything yet but it could be eight to twelve months before we would know anything.

OK, so I wait until a year has gone by and I talk to the CSE office again. Now they say it can take up to two years for anything to be done.

I called the prosecuting attorney in charge of the CSE office and ask him what is going on. He tells me that he is not sure but will look into it. Three weeks later I get a call from the county clerks office. They tell me that I have a child support check in and need to verify my address. Come to find out the check was a tax intercept from her 1997 income tax.

That check came in May 1999. I received a couple more checks in May1999 and a couple in June 1999. It is now September 1999 and I have received only one check for about two weeks of support. She is now over $3000.00 behind in support again.

I went back to the CSE office and asked if they were going to do anything about her not paying and if they could re-figure support based on her and my income. They told me that since she was making an effort to pay they would not do anything. I guess that six payments in over two years is making an effort. All of the questions I asked that day where answered with either "no" or "we can't do that".

I went back to the CSE office armed with a little more knowledge of the child support laws and federal regulations. I then asked them the following questions:

Question I asked	CSE office answer	Answer they should have given
Are you going to do anything to her since she is not paying regularly?	No, she is making an effort to pay. We would look like the bad guys if we took her to court.	Yes, since she is not paying on time we can either put a lien on any of her personal property or make her post a security bond to ensure payment.
Can you send me a copy of the paperwork that is sent to or from Alabama?	No, it is not our policy to do that.	Yes, Indiana state law requires us to.
Can I have a copy of my record?	No, the record is confidential.	Yes, according to the Freedom of Information Act, 5 U.S.C. 552 you have the right to a copy of your record excluding any information obtained through the FPLS.
Can you exercise "Long Arm Jurisdiction" over her?	(No answer, just a really dumbfounded look)	Yes, we can do that to attach liens to property or to take possession of her property and sell it.
Can you refigure support?	Yes.	WOW!! I finally got them to say yes!

That is when we decided to start this web site. The CSE office relies on the fact that most people do not know the laws and federal regulations that govern their office. It seems like the CSE office here has the attitude of "it's us against them". I decided to learn as much about the laws and regulations as possible.

I went to the CSE office to ask the same questions as above and got the same answers as above. My case worker was on vacation but found out that instead of just refiguring support like I asked they went ahead and filed a motion in court to modify support. They did this not knowing what my or her income is or even if she has an income. See, I was all happy that I finally got a yes answer out of them and they went and screwed it up anyway. I asked them if it would help them any if I hired a private attorney and was told that if I did they would close my case. There is certain things that have to be met before the CSE office can close a case and hiring a private attorney isn't one of them.

I tried to call the prosecuting attorney to see if something could be done about the CSE office. I was told that I have to write a letter to him with my complaints.

I had to go to the clerks office to read the motion for modification since I never received one. (found out later that since they told me about the hearing I would not receive a copy)

Went to the CSE office again to see what was going to be done since I haven't received a support check in over a month. Was told that they can only do one thing at a time and since they had filed the motion to modify support they would do nothing for her not paying support. The CSE office keeps telling me that their caseload is too big for them to keep up with. So I asked why don't they hire more people to help. Of course I got the standard answer, "we can't afford it". I told them about the federal regulation that states that the CSE office will keep the staff on hand to handle the caseload and that the federal government pays 66% of the office's expenses. I was then told that the county commissioners are who figures out the county budget and pretty much dared me to go to a county council meeting. I am now going to the next meeting.

I must be getting on my caseworkers nerves now. I went back to the CSE office to see what was happening with my case. My caseworker hid behind a divider and whispered to the receptionist what to tell me. At this point I think I am done dealing with my local CSE office. My next step is to go to the state office and tell them what is happening. This is pretty sad that I have to fight this hard for people who work for me (I am a tax payer and therefore I pay their salary) to get off their butts and do their job.
I also asked how they where going to figure child support for the modification hearing coming up un Sep. 17th since they didn't even have my income information. Of course I got no real answer. They told me that if my ex didn't provide her income info by the day of the hearing it would be continued.

On Aug. 27th I was informed that since they verbally told me about the upcoming support modification hearing I would not receive anything in the mail. Apparently since I complained to them on the seventh they decided to send something anyway. Today I received a notice about the hearing and that I have to provide at least four pay stubs to show my income. Also in the letter they said that if she doesn't show for the hearing they will ask the judge for a default judgment.

Went to CSE office today to give them my income information. My caseworker was on vacation so they couldn't give me any information about my modification hearing coming up on the 17th.

Went back to the CSE office again today to talk to my caseworker. Of course, she wasn't there so I could get no information about this hearing again. I was told that she would call me when she got back in. That was at 12:00 pm.. It is now 3:00 pm and she still hasn't called. I have tried to call her twice already and she hasn't been available to talk to me. (Probably hiding again)

I also dropped off a letter requesting access to my record that they have. I keep getting told that the records in their office are confidential. Granted, certain parts are but not the whole thing. This morning I contacted the public access counselor for Indiana and she told me that any public offices records are public and that I should have access to my record minus any parts that are deemed confidential by state or federal law. Since I made a formal request and I hand delivered it they have 24 hours to either give me access or site a state statute or federal law stating that the information in confidential.

I also sent a letter to the editor of one of the papers here in town about the problems I am having with this CSE office and he said that he would print it.

Well at 3:15 pm my caseworker actually called me back and told me that my ex got an attorney to represent her here and that she is only working part time. So now I don't know if my support will go up or down because the judge will figure support on her making minimum wage ($206 per week). I have a sinking feeling that since I have been on their case so much lately that I am going to get screwed in this hearing coming up. Oh well I will just have to wait and see what happens.

Went back to the CSE office today to have them continue the modification hearing so they can get her prior work records. That way they can base support on what she is capable of making. Before I could say anything my caseworker said that they were going to continue the hearing and get her prior work records. I was in complete shock that they were actually paying attention to what was going on with this case.

After we got all of that straightened out I ask about my request to see my record. I was told that the deputy prosecutor would have to handle that. She told me that the IV-D office is exempt from the privacy act.

This time while I was there I was treated a lot better. I think I have come to the conclusion that it is not the office itself that is the problem I think it is the deputy prosecutor that is keeping the caseworkers from doing their job. He is making rules that are against state and federal law. So now I have to take all of this up with him and see what happens.

Received a letter from the deputy prosecutor stating again that the IV-D office is exempt from the privacy act. I didn't think anyone was exempt from federal law. Besides that it is not the privacy act that allows me access to my file it is the freedom of information act and the public access laws of Indiana. My next step is to get ahold of the public access counselor of Indiana and see what the next step is.