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New Member
fixin-it
Posts: 3
Registered: ‎03-10-2012
0

Child support question

I want to state first of all, I am currnet on all child support payments. That being said, Child support is being listed as a Charge off/ derogatory on my Transunion report because child support was ordered retro active, meaning I had a LARGE sum of money assessed to me at one time. Like I said, I pay as directed by the state, but its listed as a charge off. The initial date is listed as 05/2012. Does this stay on my report until it is paid in full, or should this fall off? I believe MN has a 10 year statue of limitations, but I don't know if this applies to child support, it appears to be a gray area. USbank recently denied me a credit increace due to this reporting, coming from over 9 years ago! I knwo child support isn't supposed to be figured into your numerical score, but lenders still see it, even though I CANT miss a payment, it is directly taken from my paycheck. Anyone know better then me?

 

Established Member
Cesarlopez
Posts: 34
Registered: ‎05-11-2011
0

Re: Child support question

Wow, I could have wrote this myself. I too live in MN and have gone thrugh the same sitution as well. I have been in court with Mary Pawlenty years ago (The Ex-Governor's wife). Not sure where your located but there are resources and meetings depending on the county you live in. I was harrased by a woman working for Dakota County so badly that I filed a complaint against her and had her taken of my case. I actually went in and through my passport at her boss. She kept harrassing me with threats to take away my passport and my drivers license even though I was paying everything I could.

 

So here is where I'm at. They did take away my drivers License... Got it Back. They took away my Passport... Got it Back. They put it on my credit and it finally fell off after 7 years. I think you might have to just wait my friend. But please dont be afraid to fight... Call and call!!! Fight for what is right!

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fused
Posts: 16,372
Registered: ‎03-12-2007
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Re: Child support question

Moving this thread to the rebuilding forum.

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Frequent Contributor
Student_Loans_Kill
Posts: 297
Registered: ‎02-12-2012
0

Re: Child support question


fixin-it wrote:

I want to state first of all, I am currnet on all child support payments. That being said, Child support is being listed as a Charge off/ derogatory on my Transunion report because child support was ordered retro active, meaning I had a LARGE sum of money assessed to me at one time. Like I said, I pay as directed by the state, but its listed as a charge off. The initial date is listed as 05/2012. Does this stay on my report until it is paid in full, or should this fall off? I believe MN has a 10 year statue of limitations, but I don't know if this applies to child support, it appears to be a gray area. USbank recently denied me a credit increace due to this reporting, coming from over 9 years ago! I knwo child support isn't supposed to be figured into your numerical score, but lenders still see it, even though I CANT miss a payment, it is directly taken from my paycheck. Anyone know better then me?

 


I would hire a lawyer, because you will not get that answered here. Grey area topics seem to go unanswered by every mod on this forum, which is a major complaint of mine.  IMHO if we are paying myfico for reports and SW alerts, then they should hire someone to answer the "grey area" questions, or whats the point of the same information being passed around, without any help or advise for those difficult topics.

 


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Established Member
Cesarlopez
Posts: 34
Registered: ‎05-11-2011
0

Re: Child support question

MyFico could never hire a lawyer to answer these questions correctly. Trust me... Everybody has a lawyer, even people who claim they cant afford to pay rent, claim to have one. Laws change and laws are simply different state by state and county by county. Going even futhur, real, good lawyers would never give you a solid rock hard advice unless they had all the facts.... Had all the contracts in hand, understood the local laws and had some case law in your courts to back them up.

 

I'm a property manager and when a lawyer contacts me... I'm polite and I listen.When the lawyer finishes thier rant on what is that I must do. I qualify them by asking questions. If it is apparent that they have no idea about housing laws I ask them what type of lawyer they are. Sometimes they are injury lawyers and sometimes they are somebody's drinking buddy and watch judge Judy everyday because they dont work. Even worst they sometimes are real lawyers who think that thier letters will intimidate me into doing something that I legally don't have to do.

 

My point is... You must educate yourself! If you do hire a lawyer... You cant be dumb yourself! lawyers are selling a product, just like any other product sold. But even worse they cant promise the outcome. They leave that part as a huge gray area and sometimes they are much better at scamming you, because the judge has already seen thier scam one too many times.

 

That's why calling your worker (yes you most likly have one) will reap you the best results. They will give you the resources for help. Meeting with other local people in your sitution will be a very important process.

 

 

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Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011
0

Re: Child support question

Are you all caught up or do you owe arrears?

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Valued Contributor
rootpooty
Posts: 1,745
Registered: ‎10-28-2011
0

Re: Child support question

im in a similar situation as you. based on all the knowledge i could gather from this site and calling the state that handles my support case, on here it can be listed as anything. for you its listed as a charge off for me its in collections. ive seen it on public records part as well. ive seen people dispute it cause of numerous errors being reported and the bad thing is that every state is different as far as child support goes. so let me tell you this. like you i was ordered to pay plus they back dated it a few years from when me and the ex split up. so naturaly im behind off the start. needless to say it started reporting on my reports and now the balance is zero so started fighting it on friday and i will let you know the outcome when i get the results

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New Member
fixin-it
Posts: 3
Registered: ‎03-10-2012
0

Re: Child support question

I still owe arrears. But the state is the one that sets the amount taken. Current plus 25%. Which they get, every week.

New Member
fixin-it
Posts: 3
Registered: ‎03-10-2012
0

Re: Child support question

Well, 05/01/12 this will have been on my report for ten years from the day it was first reported. This really sucks, I pay them every single week, on after another, but it still shows as a derogatory because of the back support charged. They update it every month with a new amount, but it still shows derogatory.

Established Member
SGTRobocop
Posts: 46
Registered: ‎04-24-2012
0

Re: Child support question

I remember reading somewhere when I was going through my divorce and thought I was going to get hit with this(I ended up with the kids THANK GOD!), about disputing on your credit. Now this may have been a state specific TX & LA, but I cannot remember where I read it.

 

Basically(TO THE BEST OF MY KNOWLEDGE, I CANNOT FIND THIS INFORMATION NOW) As I recall it violates the FTC some how, as I recall it can be turned into a positive(paid collection or something), updated or removed. The amount awarded at one time would not be a negative but instead considered the "new loan amount", as long as all payments where and are on time(YOU NEVER DEFAULTED!). The showing of the history and original date of the opened account, if the account was opened on date 1/2010(date of divorce finalized) and you in no way violated the terms of your divorce via making all agreed payments, then the accounts origin date and being late prior to the origin date cannot be a true reflection of the account.

 

The process as I recall(may not be accurate)

1) dispute on credit, basis of inaccurate

2) comes back verified and remains on CRA

3) enter statement

4) get FTC involved

5) send ALL supporting information(cancelled checks, paystubs showing payments made, divorce agreement, separation agreement, date of origination, laws regarding payment of child support) to CRA's and FTC, the CRA's adjust it on the CRA's side and the agreement of no late payments.

6) repeat process every so often until no arrears

 

This is the best I can remember, the basis is "if you were never late, its inaccurate, you cannot be late the day you were ordered to pay it, if you were never ordered to pay it before the d-date"

It would be the same as buying/signing papers on a car on Tuesday, and being 3 years late on Wednesday.

 

http://www.ftc.gov/os/statutes/031224fcra.pdf

 

http://www.dadsdivorce.com/

 

Your need to research FTC law and your states law regarding it, also investigate contacting congressmen and senators who represent you to get involved.

 

 

GOOD LUCK

 

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