topic Re: Child Support Question in General Credit Topics

Child Support Question

Anonymous — Wed, 04 Jun 2008 20:41:00 GMT

My fiance is paying child support and having it deducted from his payroll. He is not current so yes he is paying back child support. FYI: Yes he does owe $44,000 just becaues the mother left with his daughter when she was a baby. She was moving from county to county when he was trying to get in contact with her to get some kind of visitation. He finally gave up, so 2 1/2 years ago she finally served him with papers for child support when his daughter was now 7 yrs. old. So now he is obligated to pay back pay.

Even though it's coming out of his paycheck so it is on time it shows lates: 3-30 day; 1-60 day; 2-90 day. I know i heard that the child support's system is behind so they say even though the payment is there it doesn't get posted til 60 days late. Does anybody know if there is a way to get that changed and show he is on time?

Also, he has two tradelines, I don't know if they put it on his credit twice because they have two different names and address but it is the same county. One is reported by XPN and the other by TRU.

I thought maybe it was just a double showing up and not being counted but i looked in the credit summary and it has one as installment payments and the other counted in open/other. So he is getting hit twice, doubling what his total debt is. Does anybody have any advice or been through this. We are trying to clean up his credit and we have no idea how to handle this. Thanks so much

Message Edited by septgirl27 on 06-04-2008 01:41 PM

Re: Child Support Question

Anonymous — Wed, 04 Jun 2008 21:35:45 GMT

My suggestion would be to contact the child support enforcement office that he deals with.

Re: Child Support Question

Anonymous — Wed, 04 Jun 2008 23:12:49 GMT

Just curious what state you are in. I didn't think you could get retro CS .. I thought it was only from the date of filing.. that really sucks for him

Re: Child Support Question

Anonymous — Thu, 05 Jun 2008 02:11:12 GMT

Hey Septgirl,

My DH has a very similar issue, the same moving around, can't find her deal. His CS shows on his CR as 120 days late every month. His CS comes out of his paycheck, too and has been for many years. There seems to be nothing the CRAs will do about the way it is reported, and the child support enforcement office says it will stay that way until he owes NOTHING. However, when I disputed the lates with TU, they deleted the whole account. Not sure why. It has been several months and it has not reappeared.

Good luck.

Re: Child Support Question

Anonymous — Thu, 05 Jun 2008 02:21:29 GMT

THank you for that info...we will have to do that and contact them maybe they can atleast delete that one. Because as i said it shows two different TL and i know for a fact what he owes because we get a monthly statement. We are in California, and yes it has been a mess especially because she kept moving and ended up settling in a county that is 8 hours away. She lost her job and came back looking for him years later. I'm hoping that atleast maybe one TL being removed will help.

He has spoken with the child support office and they are stating that it is there system that is behind. That was 2 years ago and now that we pulled his credit i seen that they have it on there two times and counting both.

Re: Child Support Question

Anonymous — Thu, 05 Jun 2008 02:34:21 GMT

This doesn't help you, but it may ease your mind a bit (or make you understand that you have to be especially vigilant about this) but most CS offices don't have a dedicated credit reporting department. It's often some schmuck who's regular responsibilities include filling the coffee pot and chasing down deadbeat dads.

IOW, chances are, it's some guy who knows next to nothing, aside from what he reads online and in memos, on reporting to the credit bureaus. And chances are, he's so overworked that he really doesn't "get around" to updating the CRAs as often as he should.

Good luck!!!!

Re: Child Support Question

Anonymous — Thu, 05 Jun 2008 03:54:55 GMT

How did she manage back-support in CA? When I went to a lawyer trying to decide whether to destroy the Ex for child support, or just have his parental rights terminated, I was told they can't go after him for back support. This was just last year. Unless your fiance set up a payment arrangement in the past, and then stopped paying? If he had something notarized w/ the ex, or if the ex could prove he voluntarily paid for a while and then stopped, then that would be the only way to sue for any back-payments.. that's what I was told.

Re: Child Support Question

Anonymous — Thu, 05 Jun 2008 16:26:57 GMT

No there was nothing set up. She filed years later, took him to court stating she had no idea where he was that is why she had not gone after him. When all along she knew because he was in the same place. She has a child from somebody else that is not in the picture as well and told them she is not working. When the baby was born he was helping, but then she up and left.

Re: Child Support Question

Anonymous — Thu, 05 Jun 2008 23:02:57 GMT

I went ahead and called TU to dispute the lates and they are going to look into it. So hopefully this will help. Thanks BZZZYMOM!!!

Re: Child Support Question

chartley3 — Fri, 06 Jun 2008 16:38:36 GMT

Sept,

speaking from experience I had the same issue in Ohio. My advice is find a really good Family Law attorney and proceed to goto court and fight the back pay. If you can prove she was the nomad you may get it reversed. Sadly the person ultimately getting screwed in this whole deal is the child.

Re: Child Support Question

Anonymous — Sat, 07 Jun 2008 05:06:06 GMT

Hey SeptGirl, good luck with that one. It's crazy how things like this happen. When I met my husband, he had been looking for his daughter for THREE years. The mom kept moving around, and one time when he tracked down a ph # she said, "You were just a sperm donor, leave us alone." And immediately moved. We are in TN and at that time she was in CA. Then many years later, she ended up in MO and needed state benefits or something and claimed she never knew where he was, blah blah blah, and got all this back child support.

So it's on his CR and she has always gotten all our tax refunds. This year I filed Injured Spouse and the IRS claims it takes an additional 8-12 weeks to process. UGH. They've had it for 10 weeks and now say it will be processed on July 14. She will get half of our refund AND half of our stimulus package. The good thing is we will then be able to pay off the remaining balance in a year or so. YEA!

Keep up your good work; keep us posted.

Re: Child Support Question

chartley3 — Sun, 08 Jun 2008 00:23:11 GMT

This is one of many reasons why the Child Support laws need to be fixed. For all the honest dads who attempt to do the right thing we still get the royal screw job. The mother of my daughter hasnt worked a full time job in close to 16 years and pretty much uses what I pay in support to live off of. When I finally took her to court to get wages assigned to her since there is nothing physically or mentally wrong with here except for extreme laziness it took me almost a full year to go through the process and at the end the judge assigned her a whopping $7.50 an hour and the beauty of it was when I stated McDonald's hires in at $8 bucks and thats about as entry you can get, I was told to be happy they assigned what they did. Thank god I only have a little over two years left until she is 18 then I can be done with the BS once and for all.

Re: Child Support Question

Anonymous — Sun, 08 Jun 2008 01:14:04 GMT

While I concede that the inventors of child support may have had noble intentions, the system as it exists now merely serves to justify a big bureaucracy, and works as a transfer payments scheme.

Re: Child Support Question

Anonymous — Wed, 18 Jun 2008 19:30:46 GMT

Update for anyone dealing with the IRS and back child support. We heard yesterday that the IRS is applying our WHOLE refund (even after I filed for injured spouse) as well as our WHOLE stimulus ($2700) to DH's back child support debt.

Lovely. I guess my work/earnings only count for his debt, not for my own benefit. Why should SHE get the money that would be TO ME for MY KIDS?

UGH.

Re: Child Support Question

Anonymous — Wed, 18 Jun 2008 19:47:56 GMT

that's a shame bzzymom. you have my sympathy.

it makes statying single very attractive

Re: Child Support Question

Anonymous — Wed, 18 Jun 2008 20:03:29 GMT

One can only hope other countries choose to adopt our Constitution. It's a fine document, and we're not using it anymore.

Re: Child Support Question

Anonymous — Wed, 18 Jun 2008 20:09:48 GMT

Bzzzymom wrote:
Update for anyone dealing with the IRS and back child support. We heard yesterday that the IRS is applying our WHOLE refund (even after I filed for injured spouse) as well as our WHOLE stimulus ($2700) to DH's back child support debt.

Lovely. I guess my work/earnings only count for his debt, not for my own benefit. Why should SHE get the money that would be TO ME for MY KIDS?

UGH.

Wow, that's a raw deal.

Maybe you and your DH should change your income tax withholdings so that you don't get a big refund for 2008? I always suggest that people do this; there's no reason to give the Govt. an interest free loan of your money all year long. Increase the number of withholdings (use the calculators at www.irs.gov and www.paycheckcity.com) and you will have more in your take home pay and a smaller refund in 2009.

ETA: For the record, I am not suggesting any shady dealings here. The IRS actually wants you to adjust your withholdings so you will "break even" (i.e., have a minimal refund).

Message Edited by masdeocho on 06-18-2008 04:09 PM

Re: Child Support Question

Anonymous — Sat, 21 Jun 2008 23:48:46 GMT

This refund was actually due to credits rather than actual overpayment of tax. We have oodles of kids...

It's not so much the refund going to her that bothers me, but my portion of the stimulus. I mean, I understand that his portion would go to this debt, or his plus some of our kids' portions. But why does the IRS think my portion of the stimulus should go to her? Do I not understand the laws here? I work and file taxes, and even filed the Injured Spouse Form so they would recognize that, although married, we are separate people and I am not responsible for his debt.

Re: Child Support Question

Anonymous — Thu, 09 Oct 2008 04:38:05 GMT

UPDATE!!! After learning that the child support people were holding onto all of this tax money for an indefinite amount of time, I called the IRS to verify. After waiting on hold forever, I was finally transferred to a lady who specialized in Injured Spouse and the stimulus stuff. She was so awesome. She listened to my story and went through everything with me step by step. She was patient and great and said, "Well, you're right. There is a mistake, and your portion of the stimulus will be pulled back and sent to you."

YEA!!! Waited about 6 weeks and finally got it. Used it to pay off bills of course!!

Re: Child Support Question

thotgal320 — Thu, 09 Oct 2008 05:07:13 GMT

I live in CT and get CS for two of my daughters. They haven't seen their father in over a year since he has gotten remarried. I get CS every week, in February he and his wife filed taxes and I got $12,000 of it. Any other money he gets I get because he owes $52,000 back support. Unfortunately until it is paid off CS will continue to take the money even after the age of 18 if there is a balance whether it's taxes, lottery or even a law suit until it's paid.