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Home My WebLink About951473.tiffWeld County Commissioners 915 10th Street P.O. Box 758 Greeley, Co. 80632 June 14, 1995 CL711. RE: Request for Reimbursement, and Notice of Claim against Weld County Department of Social Services Child Support Enforcement Unit and Weld County Commissioners 19 Dear Commissioners: I am requesting reimbursement by the Weld County Commissioners on behalf of the Weld County Department of Social Services/Child Support Enforcement Unit for $548.62 in legal ex- penses I have thus far incurred due to the Child Support Enforce- ment Unit's failure to perform their required duties. Inasmuch as I am unclear as to the present jurisdiction of Weld County's Department of Social Services, specifically whether Weld County or the State of Colorado is currently responsible for them, I am submitting my claim in both arenas. Attached you lfind tsubmitted to Ms. at Stumm, Directorof the Child Support Enforcement of the State ofy Colorado. It has been over 30 days since this letter was sent to her and I have not received any response. I encourage you to contact the Weld County Child Support Enforcement Unit to verify my claim, and specifically to request work product from Ms. Marlene Winegarner who was assigned to handle my case. She has been either unwilling or unable to produce documentation regarding the handling of my child support collections, arrearages, amounts reduced to judgment, enforcement of medical bills and health insurance orders, setting of hear- ings, etc. apparently because it does not exist. I would, of course, prefer that you merely reimburse me the amount of $548.62 so that I may pay my private counsel for doing what the Child Support Enforcement Unit should have done in my behalf. If I receive this amount from you no later than June 30, 1995, and if you and/or the Department of Social Services will agree to pay for any further legal fees incurred for my child support collection procedures, I will consider this matter closed. If, on the other hand, I do not receive total reimbursement for these attorney's fees on or before June 30, 1995, as well as a signed agreement to pay for all costs of child support litiga- 951473 gs CC: e,96x4)i eocccecr,ua.-� °� rt. tion, collection and hearings that should normally be handled by the Child Support Enforcement Unit, I will pursue all other damages as indicated on the attached NOTICE OF CLAIM. This Claim also takes into account the child support loss I incurred by settling for a reduced amount in lieu of more litigation, which I could not afford on my own. Thank you very much in advance for your time and effort in resolving this small issue before it becomes a major one. Sincerely, Sue Alkire 42916 W.C.R. 35 Pierce, Co. 80650 (970) 834-2241 Enclosures: NOTICE OF CLAIM Against Weld County Commissioners, Weld County Department of Social Services, and the State of Colorado. Copy of letter to Kathy Stumm dated May 12, 1995. Bill from Zane Pic, Attorney at Law, in the amount of $548.62 dated through March 17, 1995. Copy of letter from Judy Griego, Weld County Department of Social Services, dated August 2, 1993. Copy of letter from Ilene Bryce, State of Colorado Depart- ment of Social Services, dated July 15, 1993. Copies, with enclosures, mailed Judy Griego Weld County Department Social Services 315 N. 11th Avenue Greeley, Co. 80632 Return Receipt Requested Gale Norton of Attorney General State of Colorado 1525 Sherman St., Denver, Co. 80203 to: Fifth Floor NOTICE OF CLAIM AGAINST WELD COUNTY COMMISSIONERS, THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE STATE OF COLORADO 1. Claimant name and address: a. The name of the Claimant hereunder is Ms. Sue Alkire, and her address is 42916 WCR 35, Pierce, Co. 80650, which is in Weld County, Colorado. 2. Nature of the claim: a. On or about December 9, 1992, Weld County Child Support Enforcement Unit (4D) (hereinafter referred to as WCCSEU) was as- signed jurisdiction to collect child support on behalf of Claim- ant. Child support was ordered to be paid in the amount of $376.00 per month, and arrearages at that time were approximately $10,000.00, including interest at 12% per annum, as per statute. b. Claimant had a hearing scheduled for March 3, 1993, to compel the response to financial interrogatories. WCCSEU re- quired Claimant to vacate the hearing before they would actively pursue her case, which she did in February, 1993. WCCSEU subse- quently failed to schedule another hearing, and Claimant was forced to once again request a hearing on her own. This hearing was scheduled for September, 1993, which caused Claimant an additional 6 -month delay in collecting her child support. c. Claimant repeatedly requested assistance from WCCSEU regarding on -going child support collections, as well as collec- tion on arrearages. Such requests were routinely ignored, let- ters were not answered, phone calls were not returned, and when Claimant specifically requested itemization of what had been done on her case, no information was furnished to her at all. d. Due to WCCSEU's dismal failure to pursue collections for Claimant's child support as is their job, obligation and responsibility to do, she was forced to retain Zane M. Pic as private counsel. Only by doing so was she able to obtain hear- ings and, ultimately, $13,000.00 of the approximately $19,000.00 worth of arrearages that were owed. 3. Public Employees involved: The Claimant believes the following employees of the County of Weld were involved in this matter: a. Ms. Marlene Winegarner, WCCSEU case worker who was as- NOTICE OF CLAIM AGAINST WELD COUNTY COMMISSIONERS, WELD COUNTY DEPARTMENT OF SOCIAL SERVICES, and STATE OF COLORADO Page 2 of 3 signed to Claimant's case, and was personally responsible to return phone calls and address correspondence. Claimant believes Ms. Winegarner's actions were willful and wanton acts of omission that should have been routinely handled during the course of her employment by the Weld County Department of Social Services/Child Support Enforcement Unit. b. Ms. Judy Griego, Director of the Weld County Department of Social Services, and Ms. Winegarner's head supervisor. She is responsible for the wrongful, irresponsible and negligent actions of her employee, Ms. Winegarner. c. Weld County Commissioners, who are ultimately responsi- ble for Weld County Department of Social Services, and who are responsible for any wrongful, irresponsible and negligent actions performed by them, as well as any damages incurred. 4. Statement of Facts of wrongdoing claimed by Claimant: a. As a result of the aforementioned actions by the WCCSEU, Claimant suffered the out-of-pocket expense of private attorney's fees in the amount of $548.62, to date. b. These expenses were incurred directly as a result of the WCCSEU's failure to properly handle Claimant's case and failure to pursue collection of her child support arrearages, as well as on -going child support. This is clearly in the scope of WCCSEU's function, responsibility, and purpose of assisting in the collection of child support, and they are subsidized by the State of Colorado and furnished with a complete legal staff to facilitate this procedure. c. As time was of the essence, Claimant was required to accept much less of an arrearage amount than was actually due and payable to her. This is an additional damage and loss to Claim- ant in the amount of approximately $6359.47. 5. Nature and extent of injuries claimed by Claimant are as follows: a. To date, out-of-pocket legal fees in the amount of $548.62 payable to Zane M. Pic. b. Losses of legally owed and rightfully -due child support obligations in the amount of approximately $6359.47 through June 30, 1995. c. Attorney's fees and costs included in this matter and any further litigation, and any and all other relief as the court may deem appropriate. NOTICE OF CLAIM AGAINST WELD COUNTY COMMISSIONERS, WELD COUNTY DEPARTMENT OF SOCIAL SERVICES, and STATE OF COLORADO Page 3 of 3 This claim is submitted pursuant to the terms of 24-10-109, C.R.S. as a claim against the Weld County Commissioners, the Weld County Department of Social Services, and the State of Colorado. Dated this 13th day of June, 1995. Res ectfully submitted, Sue Alkire, Claimant 42916 WCR 35 Pierce, Co. 80650 (970) 834-2241 Ms. Kathy Stumm, Director Child SupporL Enforcement Division 1575 Sherman Street Denver, Co. 80203 May 12, 1995 Dear Kathy: I have been divorced and owed child support since 1985. My ex-husband has had arrearages in access of $18,000 during that time period. My case has been with Colorado 4D units in Mont- rose, Mesa, and currently in Weld Counties since 1992. I had repeatedly requested assistance from the Weld County 4D unit to collect on -going support, as well as arrearages. I am enclosing a letter dated August 2, 1993, from Judy Griego which pertains to my case. There had been a hearing set in March, 1993, which Ms. Griego's office requested that I vacate so they could set their own hearing. I did so in February, 1993. They did nothing at all, so I set another hearing for September, 1993, as referenced in Ms. Griego's letter. (This hearing was subsequently vacated due to a death in my ex-husband's family.) The Weld County child support unit has yet to actively set hear- ings or issue judgments on my case at all! Due to the dismal failure of Weld County Child Support Enforcement Unit to act on my behalf to collect child support, I was forced to retain private counsel to collect on my arrearages. He finally got me some back support. I am submitting an itemization of my billing from my attor- ney, Zane M. Pic, for charges that I am responsible to pay him for collection of my child support. My tax dollars are paying WCCSEU to handle my case, and.I am fully entitled to receive their efforts in collection, especially after my numerous re- quests for help. I am now required to also pay a private attor- ney to do their job. I should not have to pay for both. I would appreciate your office reimbursing me in the amount of $548.62 within 30 days in order to avoid further litigation with your agency. I would also expect cooperation from the Weld County 4D unit in collecting on -going child support, and am prepared to file a formal complaint if this assistance is not received. Thank you very much. Sin Sue Alkire 42916 WCR 35 Pierce, Co. 80650 (303) 834-2241 ITEMIZATION OF ATTORNEY'S FEES AND COSTS REGARDING CONTEMPT PROCEEDING SUSAN ALXIRE AND CASE NO. _ DR , DIVISION Date 10/03/94 01/03/95 01/05/95 01/05/95 01/26/95 02/15/95 02/15/95 03/17/95 03/17/95 03/17/95 Casts: 12/14/94 Description of Services Telephone conference with client re:Alan McMullen's case Office conference with client to prepare for contempt hearing; Call court in Montrose regarding Temporary Restraining Order Office conference with client; Copy documents for hearing and accompany client to court to obtain printout from Registry Clerk (no charge) Court appearance --obtain warrant for arrest and get identifying information regarding Steve Cox Draft letter to Montrose Court; Draft letter to Steve Cox Office conference with client to prepare for hearing; Get support registry record Go to court and get documents provided by Steve Cox; Suggest parameters of settlement Court appearance for contempt hearing Draft Order from contempt hearing (.40 divided in half) Telephone conference with opposing counsel to attempt to negotiate agreement Service of process fee Hours Amount .10 10.00 1.20 120.00 .70 70.00 .35 35.00 .50 50.00 .75 75.00 1.00 100.00 .20 20.00 .50 50.00 5.30 $ 530.00 18.62 TOTAL ATTORNEY'S FEES AND COSS $ 548.62 4itt:rn COLORADO August 2, 1993 SUE ALKIRE 42916 WCR 35 PIERCE, CO 80650 Dear Ms. Alkire, DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, COLORADO 80632 Administration and Public Assistance (303) 352-1551 Child Support (303) 352.6933 Protective and Youth Services (303) 352-1923 Food Stamps (303) 356-3850 FAX (303) 353.5215 Your recent letter to Governor Romer regarding your child support arrears has been referred to our Department for further response. In December 1992, Montrose County transferred your child support file to our office to resume enforcement activity. The child support unit has initiated some locate and resource search activities since this time. Our legal representative has also reviewed your case file. Since you have already begun discovery activities through the court and set a hearing for September 1993, our attorney will not be able to initiate any legal activity until after that hearing. In the meantime, a child support worker will continue to review your case and attempt to detect some avenue to collect your past due child support. Although it is more difficult for us to collect support from self employed absent parents who hide assets, we will pursue all available remedies and keep you informed of our progress. Please let us know the results of the September 9th hearing. Collection of past due support remains an important priority for our Department. At this time we are unable to collect interest on arrears. If this policy changes, we will inform you of the change. If you have any further concerns, please feel free to contact myself or the Child Support Administrator, Ms. Nancy Lawson, at 352-6933 extension 6400. Sincerely, Q dy V Grieg rector eld County Department of Social Services cc: Ilene Bryce STATE OF COLORADO DEPARTMENT OF SOCIAL SE. 'ICES 1575 Sherman Street Denver, Colorado 80203-1714 Phone 13O31866-5700 TDD 11011866-6293 FAX 1101386h-4214 July 15, 1993 Sue Alkire 42916 W.C.R. 35 Pierce, CO 80650 Dear Ms. Alkire: Ray Romer Governor Karen Beye Executive Director Your letter to Governor Romer regarding your child support case has been referred to this department for response. The State Department of Social Services is very concerned that quality services are provided to the people of Colorado in a fair and impartial manner. In Colorado, the county departments of social services provide direct financial and social services to clients. The county dire r is responsible directly to the board of county commissioners for the overall operation of the county department. Therefore, when complaints are received by the State Department about the Weld County Department of Social Services they are referred to Judy Griego, Director, to have appropriate staff investigate their concerns and inform them of the results. Please feel free to contact Ms. Griego at P.O. Box A, Greeley, CO 80631, and/or telephone 352-1551 to discuss your concerns in more detail. I sincerely hope that this process will lead to the successful resolution of your concerns. Sincerely, Ilene Bryce Community Relations Coordinator cc: Judy Griego C LT_ w U m Ln C O N O N N —J Q 2 to N v c 0 w Ca rl en E E +-1 0 0 al CO U m u co • 4-1 u o in ta n U �cxa o -' o T U P7 a) I --I '-1 "0 • N ^- In 0 U) .-I • N C\W (, Hello