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State Owed Debt, 'Child Support Arrears' (Advice?)

MartyBoi
Valued Member

State Owed Debt, 'Child Support Arrears' (Advice?)

Hi.... I'm hoping that someone can give me advice how to lessen the impact of a reported State Owed Debt, 'Child Support Arrears' account, on any furture consideration for a credit card.

 

Although my childrem are in their late 20's, I am still paying down a very high balance on the said account. I've been paying down the balance without missing an agreed payment schedual for 9 years, but since I haven't paid the balance off in full it's remains on my credit report. By the way, the said account has been on my EX credit report since 2012. But is not on my TU or EQ. That having been said, and knowing there is no way I can at this current time pay of the remaining balance in full, is there anything I can do so that the said account wont lessen my chance of getting a future credit card? I was told my EX that it should fall off my credit report after 7 years, which mean I have a year to go. But too, EX told me that even though it falls off, the reporting State for the said account can have it placed back on if I still owe a balance. I was also told by EX that I can attach a note to the said account for credtors to read, in order to explain the 'why?' 

 

Any advice?

 

Thank You!

 

 

Message 1 of 10
9 REPLIES 9
RobertEG
Legendary Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

"FCRA 622   Information on overdue child support obligations

[15 U.S.C. § 1681s-1] 

Notwithstanding any other provision of this title, a consumer reporting agency shall include in any consumer report furnished by the agency in accordance with section 604 [§ 1681b] of this title, any information on the failure of the consumer to pay overdue support which is provided to the consumer reporting agency by a State or local child support enforcement agency; or

to the consumer reporting agency and verified by any local, State, or Federal government agency; and

 antedates the report by 7 years or less."

Message 2 of 10
JVille
Valued Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

Dear Community Leader I don’t have a dog in this fight though I certainly have strong opinions on past due child support.
BUT would you Please in plain English (like I’m an idiot) explain what the - - - - that says? 🙄
Message 3 of 10
RobertEG
Legendary Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

I did not want to include interpretation of the law, and thus provided only its citation.

 

However, I would add my observations as follows:

The statute requires the CRA to include child support information in credit reports they issue, but ONLY if the consumer is found to have been in arrears (i.e., was overdue) in prior payments.

 

Direct deposit of child support payments is not sufficient to trigger the requirment to include that information in credit reports.

The consumer must have been found to have, at some prior point, been in arrears, and then the fact of having been in arrears must have occured within the last 7 years.  Even if there was a delinquency, if the consumer has been timely in the last 9 years, then the inclusion of reference to arrears would not be proper after 7 years.

 

I would contest the inclusion of child support payments in the credit report if the consumer was never found to have been in arrears, or if there was some prior finding of arrears, it occured more than the statutory period of 7 years ago.

 

I would also cite, in any dispute of the reporting, the clearly related and broader exclusion requirement of FCRA 605(a)(5), which requires a CRA to discontinue reporting of any other adverse item of information that precedes the credit report by more than 7 years.

Message 4 of 10
JVille
Valued Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

Thank you, when my eyes glazed over and I started nodding off I knew I needed remedial assistance. 😉
Message 5 of 10
frogman1
Valued Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

If your children are in your late 20's and you are still making payments I would say you are way past due.  Pay the debt as you can't get out of it with bankruptcy and debt is first in line if you become delinquent.   Maybe focus on paying more than the minimum.  If you are at least 10 years behind it seems like you might want to handle that before getting into debt anyway. 

More cards than I can mention in a signature.
Message 6 of 10
1984
Regular Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

From a parent raising children without support payments because the other side decided traveling the world while running from responsibility would be more fun, pay the support. It goes to your children and even if they are now adults, that is money that was long ago paid out by the other parent. Not to mention probably a lot more time having to work longer hrs vs spending time with said kids to provide and the stress of keeping everything together. That debt should come well before anything new and be sent with a massive apology letter for not being on top of it in the first place. Worry about new credit cards and scores when you have cleared your plate of a responsibility you should have never dropped the ball on in the first place.
Message 7 of 10
1984
Regular Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

Ugh, sorry. I must have ended up reading older posts without realizing it. My opinion stands, but my apology for bumping an old thread. Forgive me. :-(
Message 8 of 10
gdale6
Moderator

Re: State Owed Debt, 'Child Support Arrears' (Advice?)


@1984 wrote:
Ugh, sorry. I must have ended up reading older posts without realizing it. My opinion stands, but my apology for bumping an old thread. Forgive me. :-(

Threads are not considered outdated here on myfico until they pass one year then they are locked.

Message 9 of 10
JVille
Valued Contributor

Re: State Owed Debt, 'Child Support Arrears' (Advice?)

@gdale6 my only purpose was to let 1984 know it had been 6 months since the last post and nothing more. 1984 did not realize how old it was!
Message 10 of 10
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