What is the name of your state (only U.S. law)? DE
For $25 per year, DCSE offers a variety of client services for enforcement and legal assistance. To get these services, you have to sign a "Certification By Custodian" which seems to give up all of your rights. Eg, here is para 7:
"I agree to have DCSE act on my behalf to enter into negotiations with the NCP or his/her attorney to settle any child support claims I may have. I further request DCSE to file any necessary legal documents against the NCP. Under Delaware law, a Deputy Attorney General who handles my case is deemed to represent the state agency, DCSE, and not me individually."
We had this agreement in place when the NCP recently filed a motion to quash a secondary wage attachment. The CP (my nephew) wanted to file his own response but was told by DCSE that he had given up his right to that when he signed the Certification By Custodian. The only way the CP can communicate with the DAG is by calling DCSE customer service who in turns sends an email to the DCSE case worker who in turn contacts the DAG. We tried this for about 4 days and promptly revoked the Certification By Custodian agreement.
I wonder who would possibly want to give up all of their rights to DCSE for what appears to be pretty poor service?
Right now the NCP is in contempt of the support order with arrears having increased $551 over the last 10 months to almost $3500.
Per para 7 above, can DCSE cut a deal with NCP to accept a lump sum settlement on the arrears without input/approval of CP? I know they can't do this to my nephew now because he canned the agreement, but could DCSE have done this when the agreement was still in place? If the DAG is representing DCSE and not the CP, he/she may be happy to take $1000 right now to wipe out the $3500 arrears. Thanks.
For $25 per year, DCSE offers a variety of client services for enforcement and legal assistance. To get these services, you have to sign a "Certification By Custodian" which seems to give up all of your rights. Eg, here is para 7:
"I agree to have DCSE act on my behalf to enter into negotiations with the NCP or his/her attorney to settle any child support claims I may have. I further request DCSE to file any necessary legal documents against the NCP. Under Delaware law, a Deputy Attorney General who handles my case is deemed to represent the state agency, DCSE, and not me individually."
We had this agreement in place when the NCP recently filed a motion to quash a secondary wage attachment. The CP (my nephew) wanted to file his own response but was told by DCSE that he had given up his right to that when he signed the Certification By Custodian. The only way the CP can communicate with the DAG is by calling DCSE customer service who in turns sends an email to the DCSE case worker who in turn contacts the DAG. We tried this for about 4 days and promptly revoked the Certification By Custodian agreement.
I wonder who would possibly want to give up all of their rights to DCSE for what appears to be pretty poor service?
Right now the NCP is in contempt of the support order with arrears having increased $551 over the last 10 months to almost $3500.
Per para 7 above, can DCSE cut a deal with NCP to accept a lump sum settlement on the arrears without input/approval of CP? I know they can't do this to my nephew now because he canned the agreement, but could DCSE have done this when the agreement was still in place? If the DAG is representing DCSE and not the CP, he/she may be happy to take $1000 right now to wipe out the $3500 arrears. Thanks.
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