topic Re: Unable to get Auto loan due to child support arrears. in Auto Loans

Unable to get Auto loan due to child support arrears.

wmfriedman — Thu, 25 Jun 2009 23:23:20 GMT

I need help. My FICO score TU is 663 and I can not get approved for a car loan anywhere!! I tried GMAC, Capitol One, Wachovia, Citi Financial Auto Credit, ARCUSO Credit union, heck Carmax even submitted it to road loans and it was denied. We were going to put down 2,000 cash down.

I lost my Job in 2006 and got behind on my child support. $500 bucks a month adds up fast. Child support, plus money for arrears has been taken from my paycheck every two weeks like clockwork since October of 2007. After 2 years of this along with my Stimulus check, and federal and state tax refund checks, I have whittled away the 10,000 arrears to around 6,000.

The problem is the State of Texas has nuked my credit report. They show 90+ days late about 41 times. According to them this if for the arrears amount, not current payment, and the only way this will go away is if it is paid off entirely, which will still take 2 to 3 more years.

I have offered to send these lenders proof in the form of certified pay records showing child support has been deducted bi-weekly and an official letter from Texas showing I have made payments on time since October 2007, but they will have none of it.

My wife and I share a 2003 Hyundai with 150,000 miles and we need another car. Wife's FICO is under 600 so don't ask!! LOL.

Re: Unable to get Auto loan due to child support arrears.

usmc58555 — Fri, 26 Jun 2009 02:08:02 GMT

Child support reporting in arrears is a deal killer1 for any financial entity. Why? Simple- if you aren't paying your kids you are going to have your pay garnished hugely...and there is a high chance you can/will go to jail- so you won't be able to pay anything off.

Sorry

Re: Unable to get Auto loan due to child support arrears.

LilMirth — Fri, 26 Jun 2009 11:36:55 GMT

If getting your child support paid up-to-date isn't an option at this time, perhaps you can work on your wife's credit, getting her to a place where she can obtain a car loan. I know this doesn't give you a quick fix, and I'm sorry that I don't have better advice, but it may be your best bet.

The other option, which may be the most prudent if you absolutely must have another car at this time, is to take the 2k, save a little more, and get a reliable used car until you can get your child support paid in full.

And the final option, obviously, is to just keep sharing (if it's at all a possibility) until you can get your child support paid up to date. That 2k that you've got for a down payment, and the money that you'd have been making to a lender for a new car payment would make a serious dent in that 6k that you're still behind.

Good luck. I really hope that you can find a solution that works for you and your family.

Re: Unable to get Auto loan due to child support arrears.

GregB — Fri, 26 Jun 2009 19:53:49 GMT

Each state is different but: You might have been able to get your Child Support Order reduced when you lost your job. I don't know if it is too late now. Will they go back and reduce past support? You might want to check it out.

For best result on your FICO this probably should have been worked out before the State of Texas got involved in collections.

Re: Unable to get Auto loan due to child support arrears.

wmfriedman — Sun, 28 Jun 2009 14:09:52 GMT

Thanks everybody for the responses.

The Texas OAG will slam your credit if you are 1 payement behind. If you don't get caught up quickly..you get the 30, 60 90 days late. Don't get it caught up and you get the 90 days late slammed on your credit report every month till your balance is zero.

I did notify them when I lost my job....They didn't care I was unumployed and my monthly payment would keep adding up. We were living on my wife's paycheck only...and barely paying out bills.....living on beenie weeines..and shopping at goodwill.

Texas OAG has the attitude...we appeciate you paying your child support promptly since October 2007, and paying an extra 100.00 a month, and we are happy to take you tax refunds, state, federal and any stimulus refund, but your credit stays in the toilet till your balance is zero.PS no passport till it's under $2,500 either.

Soooo factoring in if I pay another 100 a month, tax refunds and any stimulus check if any our good president sends, I should be clear in 2 to 3 years.

Sadly since I am already paying an extra hundred for arrears....I may have to 100.00 away each month and when wife gets her tax refund next year, if her credit is above 650 she will have to get the car solo.

Message Edited by wmfriedman on 06-28-2009 07:09 AM

Re: Unable to get Auto loan due to child support arrears.

GregB — Sun, 28 Jun 2009 15:17:14 GMT

I wasn't completely clear in my original answer. Bear in mind each state has different laws. There are two different governement agencies involved here.

The one that seems to be causing the lates is Texas OAG. They are enforcing the payment. It does make sense that they wouldn't care that you lost your job just as a mortgage company wants their payment even if you lost your job.

The other agency is the one that made the order to pay, which is a court. If it is the original order, it came as part of a divorce or other legal action. Each parent's income, expenses, custody was determined and a payment was calculated. Those are always (I think) able to be modified as those factors change. You and the other parent can agree to change it or go back and have the court make a new order. Even if attorneys were involved in a divorce, it frequently makes sense to skip that for a modification as the issues are normally much simpler. EG: My income was X dollars, now it is Y. Or: I had the kids X percent, now I have them Y.

The problem I see here is that when you lose your job, you expect to get another one soon. Running back to court immediately makes it look like you don't expect to get another job soon. That could be taken as you aren't trying although you could just be in an area where there aren't any jobs available. It would be FAR better to get another job instantly. That could be a job that pays minimum wage or far less than your previous job. Get the best job available, but get it NOW. There is nothing that says you can't be looking for a better job.

This just makes it more obvious that we all need a savings account to tide us through a tough period when something changes like losing a job.

Re: Unable to get Auto loan due to child support arrears.

soccrstar — Sun, 28 Jun 2009 22:57:04 GMT

SO there's a certain amount that you have to pay total?

Re: Unable to get Auto loan due to child support arrears.

usmc58555 — Mon, 29 Jun 2009 00:33:52 GMT

At risk of sounding callous.

You are only 6K in arrears.

Not a huge amount, but still not the cost of a value meal.

It will continue holding you back for awhile.

I would take a good hard look at you and your spouses finances, see where the two of you can trim and cut and try to come up with MORE then an extra 100 a month. If you guys sacrafice and can get that up to 500 a month, you can get it cleared up quickly and start living your life better.

Message Edited by usmc58555 on 06-28-2009 05:33 PM

Re: Unable to get Auto loan due to child support arrears.

Lance66 — Mon, 29 Jun 2009 15:15:37 GMT

I can feel your pain. Many years ago, I was in a similar situation to yours. I got behind in my child support payments. After I got back on track... I wrote the county office that was responsible for collecting the support and reporting on my credit report negatively. They did change my status to paying currently which was

great for my credit report. Once I was finished paying child support.. or rather.. I thought I was... I had to continue paying on my arrears for two more years and once that was done... it showed paid in full on the credit report ... or something to that affect. I got a lot of car loans through those years... even with the child

support thing.. and I had state tax lien on there for many years until that was paid. I guess they are much more strict now than they were back then. I could always explain my way out of it... write a letter to the lender, etc.

It didn't really hold me back much. I would try and get the State of Texas to help you out... it is worth a try.

You might reach the right person who will be willing to help you out. Get to the department who handles the

reporting to the credit bureaus.. that is what I did. Good luck!

Re: Unable to get Auto loan due to child support arrears.

txjohn — Mon, 29 Jun 2009 15:53:27 GMT

GregB wrote:
I wasn't completely clear in my original answer. Bear in mind each state has different laws. There are two different governement agencies involved here.

The one that seems to be causing the lates is Texas OAG. They are enforcing the payment. It does make sense that they wouldn't care that you lost your job just as a mortgage company wants their payment even if you lost your job.

The other agency is the one that made the order to pay, which is a court. If it is the original order, it came as part of a divorce or other legal action. Each parent's income, expenses, custody was determined and a payment was calculated. Those are always (I think) able to be modified as those factors change. You and the other parent can agree to change it or go back and have the court make a new order. Even if attorneys were involved in a divorce, it frequently makes sense to skip that for a modification as the issues are normally much simpler. EG: My income was X dollars, now it is Y. Or: I had the kids X percent, now I have them Y.

The problem I see here is that when you lose your job, you expect to get another one soon. Running back to court immediately makes it look like you don't expect to get another job soon. That could be taken as you aren't trying although you could just be in an area where there aren't any jobs available. It would be FAR better to get another job instantly. That could be a job that pays minimum wage or far less than your previous job. Get the best job available, but get it NOW. There is nothing that says you can't be looking for a better job.

This just makes it more obvious that we all need a savings account to tide us through a tough period when something changes like losing a job.

This is not completely accurate. If the wife (ex) and kids are on any type of public assistance for housing, food, medical or other, then the Texas OAG will enforce a child support similar to insurance subrogation. Texas WILL jail you regardless of your ability to pay. Your child support will possibly be based upon your income, but there is also a "minimum" per child and age.

So, even if ex wife and husband had an agreement for less or to waive, this is moot if the ex wife and kids have filed for ANY public assistance, subsidy or other government help. The state will subrogate their costs through the husbands child support obligations.

Re: Unable to get Auto loan due to child support arrears.

lajntx — Thu, 02 Jul 2009 18:25:39 GMT

"This is not completely accurate. If the wife (ex) and kids are on any type of public assistance for housing, food, medical or other, then the Texas OAG will enforce a child support similar to insurance subrogation. Texas WILL jail you regardless of your ability to pay. Your child support will possibly be based upon your income, but there is also a "minimum" per child and age.

Exactly, 25 years ago when dead beats skipped town or refused to pay. The state would simply yawn and refuse to do anything leaving the child and parent with custody up the creek without a paddle. In that time the state ( being as cheap as it is since it doesnt tax properly ) figured out that those deadbeats were causing many undue expenditures on the state in the form of public assistance. Now people whom do try to do the right thing by being a responsible non custody parent, but run into problems, get railroaded into back credit due to the overly aggressive "zero tolerance" actions of the state's AGO. The moral of our story? If you live in Texas, become celibate if you do get married so you wont be in that boat. LOL

Re: Unable to get Auto loan due to child support arrears.

txjohn — Fri, 03 Jul 2009 01:22:00 GMT

lajntx wrote:
"This is not completely accurate. If the wife (ex) and kids are on any type of public assistance for housing, food, medical or other, then the Texas OAG will enforce a child support similar to insurance subrogation. Texas WILL jail you regardless of your ability to pay. Your child support will possibly be based upon your income, but there is also a "minimum" per child and age.

So, even if ex wife and husband had an agreement for less or to waive, this is moot if the ex wife and kids have filed for ANY public assistance, subsidy or other government help. The state will subrogate their costs through the husbands child support obligations."

Exactly, 25 years ago when dead beats skipped town or refused to pay. The state would simply yawn and refuse to do anything leaving the child and parent with custody up the creek without a paddle. In that time the state ( being as cheap as it is since it doesnt tax properly ) figured out that those deadbeats were causing many undue expenditures on the state in the form of public assistance. Now people whom do try to do the right thing by being a responsible non custody parent, but run into problems, get railroaded into back credit due to the overly aggressive "zero tolerance" actions of the state's AGO. The moral of our story? If you live in Texas, become celibate if you do get married so you wont be in that boat. LOL

I don't know about that. Even though it has no income tax, Texas has extremely HIGH property taxes and sales tax. A home of 211,000 is taxed over $6000 per year. Sales tax is 8.25% (state and municipal).

You get taxed one way or the other. If they have lower property tax, then most likely have income tax. If no income tax, then property tax goes up.

Re: Unable to get Auto loan due to child support arrears.

lajntx — Fri, 03 Jul 2009 06:55:57 GMT

6K? it sounds like your school taxes are high due to the lovely way the state finances public education. Are taking advantage of your homestead exemptions? 8.25% sales tax rate too high? Only 2-3% higher than most of the rest of the states that do have sales taxes, and certainly not the highest... move to California and pay between 8.25% & 10.25% pending the local sales tax rate. Want to really complain about sales taxes? -- move the Canada and have *EVERYTHING* purchased taxed with GST & PST and pay around 15% . Then you will understand why almost every Canadian cringes as if fingernails are being scraped across a chalkboard when you say the magic word: taxes

Re: Unable to get Auto loan due to child support arrears.

ChildsupportReform — Fri, 07 Jan 2011 15:49:55 GMT

All of my FICO scores are above 600 and I just recently had the problem of not being able to get a car loan. The dealer I went to last night told me that my FICO score was a +/- 1! It was the same as my daughter's, who has no credit at all. The culprit is that child support is reporting that I'm over $7,000 in arrears with a balance of a little over $1,000, and a payment status of "seriously past due date/assigned to attorney, collection agency, or credit grantor's internal collection department. All of it is completely wrong, wrong, wrong! Like the original poster, I lost my job and was completely unaware that you could get a modification done, which sent the arrears skyrocketing. I was paying my child support, but it wasn't the full amount that the court ordered. Tax refunds, unemployment checks, or anything from a gov. agency was taken. I finally found steady employment, paid my child support & arrearage down to $3,000 (from $15,000), and that's when the problems began. It seemed as if the child support agency was in disbelief that I was almost done and reported that I still had $9,000 to pay! I got an attorney involved and they are still reporting the same nonsense that I posted above. I have less than $1,000 to pay in arrears, my child support will be done completely in June 2012, and it can't get here soon enough! I work full time for the state that I live in and I'm in the National Guard! I've written two governors about these problems, tried to get the media involved, but nobody cares. If you're paying child support and God forgive you if you get behind, you're viewed as scum despite your efforts. Today I have to go down to my County Clerks office and pay for a record of my child support payments to prove to the child support enforcement agency that they have committed errors! Imagine that. I've also disputed my credit reports, and in my opinion it's unlawful for them to report it anyway. Child support is not a line of credit, nor is it a contract with payment terms. It is a legal obligation forced on you by the courts without first and foremost proving that there are grounds for the court system to intervene in your family matters. In my case, it was a scorned ex-wife who wanted complete control of my children due to our marriage not working on her terms. She knew that I didn't like to be controlled and the state's court system was more than obliged to assist her. I had a wonderful relationship with my children before all of this happened and now they just look at me like a paycheck while she drives around in a Lexus and lives in a condo that twice the value of my townhouse. It's a long road to equality, but there are people out there who are fighting against these unfortunate circumstances that have brought us to this forum. The three states that have damaged peoples lives the most are TX, IL, and MI. Good luck to you in repairing your credit.

Re: Unable to get Auto loan due to child support arrears.

emoticon — Sun, 09 Jan 2011 03:37:20 GMT

Dispute the debt with all three credit repoting agencies. If they validate, dispute again. Dispute all details of the debt. Their resources are limited as are yours. I speak from successful experience with https://childsupport2.oag.state.tx.us/ncp/login.asp.

Try it. It works.

Re: Unable to get Auto loan due to child support arrears.

ChildsupportReform — Tue, 11 Jan 2011 06:45:02 GMT

emoticon,

Thanks for the advice. I'm in the dispute process right now and I'm going to mail as much information as I can to all three credit agencies regarding the matter. I'm in IL, which is just as brutal about child support as TX (where it all began for me), but thanks for the link anyway.

Re: Unable to get Auto loan due to child support arrears.

creditchild — Wed, 12 Jan 2011 02:20:57 GMT

this is what amazes me. we can voice our opinons about child support issues here on my fico

but we don't bring this up to our politicians when thier out shooping to get your vote. i'm not saying everyone

takes care of their responsibilities but there are a lot of us that do and this is what we get. our taxes get taken,

out licenses get suspended,out credit gets ruined for years,we can be put in jail,etc. i get so angry when i see and

hear stories like these. theres people that pay ridiculous amout of support,yes out kids need support but really does it

take $5,000 to $10,000 a month to take care of one child? i mean how much do they want to hurt you? but thats the goverments

way. so next time election time rolls around bring this up to the guy thats running for govenor or mayor. friedman i wish you the best man,

i know what your going through.

Re: Unable to get Auto loan due to child support arrears.

ChildsupportReform — Wed, 12 Jan 2011 04:49:07 GMT

At this moment, I'm waiting to hear back from my governor. I wrote him a very heated, but to the point letter about child support, and pretty much told him that I hope he doesn't pass it off or hide like his predecessor did. My next move is to go and talk to my local representative with evidence in hand. You're absolutely right, child support can be outrageous! The system doesn't care about how the custodial parent gets to work, what kind of work (meaningful vs degrading) they find, where they live, the well being of the child, or their family well being. It's all about the money, point blank end of story. The dead beat parent is just as much as a myth as the typical mother on welfare. My youngest son with my ex-wife is having a hard time in schoool. He's an honor student, but he's getting burned out. My second oldest tells me that his mom is running out of options and doesn't know what to do. I told him that was a lie, and that his mom knows that she could send him to me w/ no questions and she wouldn't have to pay me a dime, but she doesn't want to lose the child support check. The system in just about every state is biased, goes unchecked wreaking havoc on good people, and is so overwhelmed that by the time mistakes are realized, its too late to undo any damage. A lot of politicians don't want to hear the "bad" that comes out of child support because of the good it's done for those that really need it.

Re: Unable to get Auto loan due to child support arrears.

creditchild — Thu, 13 Jan 2011 18:54:40 GMT

my ex dropped my case back in 2008. the judge and DA told me i was lucky. the judge

also told me if it were left up to him he would have out his foot in my a**! i was $16k in

arrears. i told the the judge where would i get that kinda money from, outta my a**! like i said

we as non coustodial parents should protest this as a whole. me and you couldn't do it alone.

i wasn't even allowed to have visitation with my son. that was a separate issue. i'm telling you

its worst than owing the mob!

Re: Unable to get Auto loan due to child support arrears.

Tazman81 — Thu, 20 Jan 2011 20:43:54 GMT

So, I am trying to understand what the issue is with regard to this thread? Is it that the Child Supporting Agency is not reporting correctly? I see some posts about people being behind on their child support so it is showing as late payments on their credit from the agency. I don't see where this is incorrect. It seems to be reporting accurately just like any other type of financial obligation. My suggestion would be to talk to the Agency, and instead of using that $2000 as a down payment for a car, use it along with any tax return funds received to pay off the rears on the child support and see if the Agency can remove it from your record since you are all caught up. Much like a PFD type of deal.

I guess I am not understanding why people are so heated about the agency putting a financial obligation like this one on your credit. To me, it seems to be the MOST IMPORTANT financial obligation that a PARENT will ever have. It cost money to feed a child and it makes no difference what type of job you have to make whether it be demeaning or not. I would scrape callis from a person's foot if it meant putting food on the table for my child. Anyhow, that's my own personal opinion, but financially I think it good that anyone behind on childsupport be reported to the credit bureaus. Why should a parent be able to purchase nice things, new vehicles, a new home, if their child is not being taken care of.