• Report: #586041

Complaint Review: State Of Florida Department Of Revenue Child Support Enforcement

  • Submitted: Fri, March 26, 2010
  • Updated: Sun, March 28, 2010

  • Reported By: Jeff — Bloomington Indiana United States of America
State Of Florida Department Of Revenue Child Support Enforcement
1777 Tamiami Trail Suite 500 Port Charlotte, Florida United States of America

State Of Florida Department Of Revenue Child Support Enforcement Port Charlotte, Charlotte County Florida Despite sending documentation of my status as a disabled person whose sole income is Supplemental Security Income they have repeatedly violated federal law by threatening me with enforcement procedure Port Charlotte, Florida

*Author of original report: Re: both of you "spont on" helping hands

*REBUTTAL Owner of company: Well done Robert from Irvine you are spont on, for the author

*Author of original report: Re: Re: You are mistaken

*Consumer Comment: Passports.

*Author of original report: Re: You are mistaken

*Consumer Suggestion: You are mistaken.

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

State of Florida Department of Revenue Child Support Enforcement, Port Charlotte, Florida, despite my paying support through Indiana where support  jurisdiction was established, has repeatedly violated federal law by attempting enforcement procedures and making threats against a disabled person whose sole income is Supplemental Security Income.



Although I knew enforcement was illegal and I could not be forced to pay, I paid anyway up until the past two years when the custodial parent who has evaded allowing me visitation for 18 years, committed identity theft against me and created a financial situation for me making it impossible to continue payments. While Indiana closed my case in April of 2009, ending its interstate status, Florida is illegally enforcing the case.



Nonetheless, it violates federal law to enforce this case. Yet, they continue to enforce. I applied for a passport to accompany a group on a service mission to aid impoverished, at-risk children in Calcutta, India. My passport application is being blocked by Florida's enforcement in violation of federal law. I have supplied them with documentation of my disability SSI income status, but so far they have been unresponsive.


This report was posted on Ripoff Report on 03/26/2010 10:06 PM and is a permanent record located here: http://www.ripoffreport.com/r/State-Of-Florida-Department-Of-Revenue-Child-Support-Enforcement/Port-Charlotte-Florida-33948/State-Of-Florida-Department-Of-Revenue-Child-Support-Enforcement-Port-Charlotte-Charlotte-586041. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on State Of Florida Department Of Revenue Child Support Enforcement

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
3Author 2Consumer 1Employee/Owner
Updates & Rebuttals

#1 Author of original report

Re: both of you "spont on" helping hands

AUTHOR: Jeff - (United States of America)

First of all, learn to spell so I can take your underhanded remarks and child support enforcement employees seriously. Secondly, I'm not part of the problem if I'm paying and/or making provisions to pay, especially in my condition and from within the bounds of the law. Thirdly, this is a complaint site. If you don't want to hear complaints why are you here (that's a rhetorical question).
I made my post to make others aware, that's all. If you're in child support enforcement, insult people who do not pay--those who are part of the problem--and both of you leave me alone. I don't need "help" from people who apparently take pleasure in misreading statements to portray handicapped individuals in a negative light even when the law protects them. I know what I need to do and now you can both have your own little tea party over my posts because this is the last time I read your posts.
Finally, I'll just say this: when you categorize people, as apparently you both do, your negativity hurts you more than the people you attack. I have no use of my legs and I'm happy. I hope you can be honest with yourselves and say you know what happiness actually means. God bless you both and goodbye.
Respond to this report!
What's this?

#2 REBUTTAL Owner of company

Well done Robert from Irvine you are spont on, for the author

AUTHOR: Diona - (U.S.A.)

I am in Child Support Enforcement and the 1st thing you need to do is contact FL to find out why the case is still open when the "Originating" agency has closed their case....the only interest FL would have in it is if you actually owe them $$  before the originating case contacted them to assist with collections. Then you need to file motion with the local courts and force FL to explain to the judge why they are harrassing you if that is the case. Most usually don't do this because of the costs and personal investment involved but if you have internet access and can find your way here to post your problem surely you are able to do some research of the FL Family Law Code and maybe find some online information regarding local procedure for filling a Pro Se action (that is a party who is not represented by an attorney). But I guess its just easier to be a part of the problem and complain about it instead of part of the solution.

Respond to this report!
What's this?

#3 Author of original report

Re: Re: You are mistaken

AUTHOR: Jeff - (United States of America)

I have been in total communication with Health and Human Services and am aware of the law you provided. But, apparently you cannot find the Supplemental Security Income exemption legislation. I told you I have also communicated with the Social Security Administration and they are the ones who informed me of the federal law I speak of and that "no state can enforce child support against an individual, disabled or not, whose sole income is SSI because these individuals are deemed unable to afford it." They were unable to direct me to the law itself to post for you but I explained that in my last response; they don't have specific protocol for the issue because the states are supposed to be smart enough not to violate federal law (which I will and can hold them accountable). It is the law--if you don't believe me talk to someone high in the Social Security hierarchy or most likely your local prosecuting attorney. Did you talk to your prosecutor? They know this because they deal with these cases and find out when these cases arise there is nothing they can do. Florida does this/attempts this despite the law.
My title was withheld once while the case was still under Indiana's jurisdiction and I was a month behind. It turned out Florida had gotten involved somehow but when I provided documentation that my income was SSI the Indiana prosecutor sent me a letter stating it was a federal law that neither they or Florida could enforce my case, apologized, assured me they would not allow any type of enforcement to occur again, and released my title. So, it is not just in regards to garnishment. However, Indiana closed the case less than a year ago and Florida is now acting independently. This is the problem; Indiana knew the law, Florida either doesn't know it or doesn't have legal ethics.
Thank you for your compliment on the service mission. However, you do not know anything about my disability or what this mission consists of yet you judge it regardless. While others will serve in an occupational capacity, there are requests for others to simply talk to the children, play with the children--be a positive influence on them. That I can do. Besides which, even if I could perform an occupational position for a brief period, say two or three weeks, this is far from being able-bodied. Have you worked with many disabled individuals? Just curious.
As for the identity theft, etc., I know these things do not relieve the support obligation. I said no such thing. I mentioned those things simply to establish the nature of the relationship. We are in agreement on this issue, but you mention these things under the implied pretense that I am not truly disabled. I am permanently disabled and living on my income paying support is incredibly difficult. Most anyone--no one I know--who is receiving SSI only, pays child support. I was letting you know that I agree with you and that despite all those things I mentioned, the things most use as excuses, I paid anyway (not always on time but I paid). The only grievance I grant you is that the identity theft situation interfered with my living situation when among other things new management took over and raised the rent leaving me looking for a new residence with a bad credit rating and my rent went up and so I was forced--unless you'd have me homeless sitting in a wheelchair on a corner somewhere--to stop paying child support. That is my situation. I can already hear you sending me to the homeless shelter but that would reduce my SSI payments because I would have no housing expense at all and anyway I love talking to people with such huge feet; my shoes are pretty big but I don't think they'll ever fit you the way it sounds. But, I have found cheaper housing (which will not reduce my SSI payments), you'll be glad to know (not that it's any of your business), and when my current lease runs out I will resume payments.
Respond to this report!
What's this?

#4 Consumer Comment

Passports.

AUTHOR: Robert - (U.S.A.)

You are talking about two different enforcements.

SSA is talking about the actual garnishment and payment.  You do not appear to be complaining about that, as they are not currently taking any money from you.  Your complaint is that your Passport application is being blocked because of Child Support that is in arrears.

Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport . If this applies to you, Passport Services strongly recommends that you contact the appropriate State child support enforcement agency to make payment arrangements before applying for a passport.

There are NO provisions that I am aware of that have to do with exceptions if you are on SSI.  If you have some law that applies to the issuing of passports not the enforcment of reimbursement I would hope that you would post it here.

Now I will say this, and something that you don't want to hear.   It is good that you want to do a service project and I commend you for that.  However, if you are well enough to do that.  Then you are well enough to get a job and work on paying the support owed.  Even now there are jobs that you would be able to do.

The issues of identity theft, not allowing visitation, or any other issues are OUTSIDE of Child Support and you need to go after those separately.  Just because she did X and Z, does not mean you are obsolved from doing Y.  In fact if you go after her for Identity Theft and sue her for damages, you may be able to work out something where that would offset the amount you owe.

Respond to this report!
What's this?

#5 Author of original report

Re: You are mistaken

AUTHOR: Jeff - (United States of America)

Social Security Disability Income (SSDI) is not exempt, neither is social security (SSDI) combined with Supplemental Security Income (SSI). However, when the sole source of income is Supplemental Security Income (SSI), and I have researched this thoroughly through the Social Security Administration, no state can lawfully enforce a child support case against that individual. Student loans have generally become an exception to anything and everything. But, the Social Security Administration assured me Florida's action is not lawful. The head of Florida Department of Revenue even admitted she could not explain why this case was being enforced and is the one who told me to send the Port Charlotte office documentation of my SSI status to have the enforcement stopped. I did this, but no real concern for my case has been shown and I am still waiting while the passport application cost is being forfeited. Fortunately, that money was provided for me but, nonetheless, again, it IS a violation of federal law and they are stopping a volunteer effort for very needy children and I am taking care of my obligation to the custodial despite repeated assurances over many years that enforcement is not lawful and even getting certain enforcements revoked by this premise. This information is difficult to obtain because the SSA doesn't have a good protocol in place for states violating federal law; they just expect them to know better for the most part.
Talk to your local prosecuting attorney (unless you live in Florida where they do not appear to know the law judging by the number of complaints) and she should affirm this information to you.
Respond to this report!
What's this?

#6 Consumer Suggestion

You are mistaken.

AUTHOR: Robert - (USA)

Disability income, SS and the like are NOT EXEMPT from all garnishments.  One of the exemptions is CHILD SUPPORT.

"Although I knew enforcement was illegal and I could not be forced to pay,"

It is not illegal.  SS benefits CAN BE GARNISHED for child support as well as a few other debts to the government.

I suggest you consult with an attorney or contact the SSA for clarification.

Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
X