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We need help with child support issues.


Kari
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We have officially started repairing our credit! The question I have is:

How do you clear up child support issues?

My husband divorced his first wife in 1989 and no child support was granted because each parent took custody of 1 child. In 1992, he let his ex-wife take custody of both children because they were both suffering because of missing each other. In 1994, the ex-wife divorced her second husband and filed for child support for her children from both ex-husbands. We did not find out about this until 1998 when a sherriff showed up at my husbands work to arrest him for non-compliance. We got that dealt with, but 4 years of non-payment added up to over $14,000.00. We have been paying on it since 1998. Both children are now over 18 and the credit bureau shows his account in collections. We have not missed any payments, but we think it says this because of the children being over 18. The problem is, it doesn't show that we are paying a dime. We did speak to an attorney, and his response was, "Child Support has their own rules." This doesn't seem right to us, but we don't know how to fix it. The child support agency has been no help, of course. Since we live in Ohio, it will be on his credit until it's paid off basically, because of the SOL and the amount of the debt.

Any ideas??? :confused:

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I was and still am in a very similar situation. My mistake was that I didn't keep or demand receipts for my support payments. No tickey....no laundry. She took me to court and was awarded $12,000.00 in back support to be paid as $150/month plus support payment. My son moved in with me in February 2007. I waited until September 2007 to file for modification of support. At the hearing they retro'd my support payments back to 2/1/08 and applied the overpayments to my past due support. My balance went from $10,000.00 to $1400.00 overnight.

About two months later I check my credit reports and they were still reporting almost $10K as my balance, but the last report date was back in 2005. I disputed it with the CRAs and it was updated to show a $1200.00 balance. I guess what I'm getting at is that most child support agencies don't stay on top of updating your credit report. Aparently, they only update it when you dispute it.

As far as what your attorney told you about them having their own rules, I'm not sure how much water that holds with me. If they report to the bureaus, they are subject to the same rules as anyone else that reports. There's not one FCRA for regular companies and another FCRA for Child Support Agencies. But then again, he's an attorney and I'm not. Just because you have ESQ after your name doesn't mean you're God's gift to the profession.

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In general, the FCRA governs credit reporting. But there are instances wherein other laws, both state and federal, supercede it. The Higher Education Act is one example. It says that defauilted, federally-guaranteed SL's can be reported for longer than the standard 7 years allowed by the FCRA. State laws, especially those relating to child support are similar.

I'd recommend reading your own state's laws regarding child support as a first step. You may find some helpful info there, or simply more clarification.

My own experience is that CS issues can be reported indefinitely until PIF. I've also had a couple of battles to get them updated and/or removed. Let's just say that I didn't achieve my objective by standard dispute methods, or by expecting the CRA's to cooperate. Child Support TL's tend to be more difficult than Public Records. I wish you luck!

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I am more concerned about what I didn't post now. After reviewing the CR more, I have realized that the CS Agency is not reporting the last payment recieved or the actual payment amount. Those two not being marked along with the CA status makes it appear as if he is not paying at all. In the comments section, it states the customer has now located the consumer, which happened in 1998. The CS Agency updated the info in Jan., 08, so it should be current, right? We aren't disputing the claim or anything, just the way it appears on the CR. Can we make them correct it in any way? It's obviously a bad thing to have it on there in the first place, but it appears much worse than it is in actuality. Also, the CS Agency put it in there when he was paying on it as ordered. If we were making paymests on time, can they report it?

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I am more concerned about what I didn't post now. After reviewing the CR more, I have realized that the CS Agency is not reporting the last payment recieved or the actual payment amount. Those two not being marked along with the CA status makes it appear as if he is not paying at all. In the comments section, it states the customer has now located the consumer, which happened in 1998. The CS Agency updated the info in Jan., 08, so it should be current, right? We aren't disputing the claim or anything, just the way it appears on the CR. Can we make them correct it in any way? It's obviously a bad thing to have it on there in the first place, but it appears much worse than it is in actuality. Also, the CS Agency put it in there when he was paying on it as ordered. If we were making paymests on time, can they report it?

If it's reported, it must be accurate. If it is not accurate, dispute it.

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I was reading all the small print on my TransUnion report and found this:

Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days. However, the consumer reporting agency is not required to remove accurate derrogatory information from your file unless it is outdated (as described below) or cannot be verified. A consumer reporting agency may continue to report information it has verified as accurate.

~Out of date is 7 and 10 years, obviously.~

So this means that they have to correct the CR from 'CA' to 'Pays or Paid as Agreed,' since he is paying and hasn't missed a payment, right?

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"...they have to correct..."

Not necessarily.

In the letter of the law, your CR is supposed to be 100% accurate. But the reality is that data is often missing and not everything in your file is disclosed on a standard CR format.

It's been my experience that CS issues, once reported, look 'as if' they are past-due or are not being paid on. The parent who is being reported seems to always come off in a bad light. Once the TL, or judgment, actually appears it's difficult to get it properly updated or suppressed.

"...when he was paying on it as ordered..."

Does this mean there was a time when he wasn't paying on it as ordered? That may have been when they started reporting it. If so, catching up and staying current after that fact will rarely show. (once again, just in my limited experience with CS issues)

This may be similar to making payments on a collection or charged-off account. Once one of those goes into default, the consumer gets no good marks for payments. The only update that can be rightfully expected is the final update to PIF. If the state in question considers his CS to be in default AT ONE TIME, then the fact that he subsequently caught up and is now making payments on time, and of the full amount due per court order/agreement, becomes moot.

And, of course, if you dispute the listing to TU they will parrot back whatever the Data Furnisher tells them is accurate...You should give it a try anyway. Maybe they WILL actually update the listing.

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Yes, there was a time that he was not paying. It was a jumbled mess in the courts. The courts sent the paperwork to our address, but in a different town. The ex-wife probably gave the wrong address on purpose because we were babysitting the two kids they share and hers from her most recent marriage (at that time) for free. She was not going to do anything to upset that. My husband was self-employed at the time, and she didn't report that. It is when he got a new job that the courts found him and arrested him for non-compliance. She actually told us that she filed for support for her youngest child, but denied that she filed for the other two. She just recently admitted to their youngest son that she has been getting support for years, and only because he asked his dad why he has never helped. That is when we pulled out the recipts of payment. Of course, this isn't an ex-spouse bashing forum, so I should stop there. But, I hope this gives a little more insight into the situation. We have not missed a payment since we found out about the support, nor do we plan to. Since we have little luck getting this corrected on his report now, how will it impact him once it is PIF? And, I know some CRA's allow the individual to post notes on their reports, is TU one of those? Is there anything we can do to make it appear better since CS could care less?

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I can echo your experience that once things 'go south' with CS, it tends to stay that way on your CR until PIF. Regardless of how, or why, it got that way, state CS offices report once CS becomes delinquent and are reluctant to change until all the money (they consider due) is paid.

My own experience came from helping a client who's kids were 30 & 31 respectively. He paid until they were 18. Twelve years later Conneticutt CS came after him for the money his ex had collected from the state. Although he had nothing to do with her (going bonkers) being unable to work and collecting welfare and medicaid, he was slapped with a CS judgment. I read the law. CT state law allowed them to do so and it overrode the FCRA.

"...how will it impact him once it is PIF..."

Wish I could tell you. You may have to let us know. Keep at it with the CS offices (to update with accurate data) and keep randomly disputing to the CRA's. Use each small inaccuracy as a separate dispute reason. I wish you luck!

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... and their ability to wreck havoc on your life. I'm gonna fight them all the way and give them no breathing room. 8-) We did speak to a lcoal mortgage lender, and we were told that they don't even look at CS on your CR due to all the flaws in the system. But, they are not a bank. :? We want to look good for the banks, in hopes to buy a house.

:shock: Thanks for the knowledge. That is one of the many things I am losing through this credit repair process. ;)

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  • 2 weeks later...

I have a nightmare CS story that became so #$$$%'ed up that the other state actually sent be back thousands of dollars-REALLY! Essentially no money has been due or paid for the last 2 yrs but the CR is showing regular payments (a good thing) for that time but also further back (3-4 years) 120 months delinquent (a bad thing). There is no hope of ever getting it correct but since everyone seems to be aware that errors were made, is it worth the hassle to try to get it removed from the CR or should I just ignore it?

Everything else seems to be OK except for an issue w/Cap One from when my wallet was stolen.

Your thoughts would be appreciated-thanks

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Not too long ago I asked CS if they report as I wanted it to report on my ex. He is 22k behind and has not paid in over a yr. They are now taking him to court.

But anyway...they said yes and we got into a credit topic and the lady told me they have people that do ask for an update either every month or every payment and they will update. Maybe DH can direcly call CS and ask them to update to correct info? This was the Lorain county CS in Ohio I spoke to.

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You dont want me to get started on CS. I think it is the worst invention the court system has come up with. I have custody and still fighting support.

And If you are paying support or have kids and not married and the mother goes on welfare or runs up medical bills who pays for it DAD and I think that is wrong why should I have to pay for something another person does. any way i wont go on I could write all night on this subject.

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I don't know about anyone elses state, but the child support system in Ohio is all messed up. Most of the people that work for CS used to be on public assistance, and refused to get a job. So, welfare put them to work for them. The ones that had potential became actual employees. My definition of potential is: smart enough to keep their job, yet dumb enough to make your life a living h3ll. I also could rant and rave all day.

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We have officially started repairing our credit! The question I have is:

How do you clear up child support issues?

My husband divorced his first wife in 1989 and no child support was granted because each parent took custody of 1 child. In 1992, he let his ex-wife take custody of both children because they were both suffering because of missing each other. In 1994, the ex-wife divorced her second husband and filed for child support for her children from both ex-husbands. We did not find out about this until 1998 when a sherriff showed up at my husbands work to arrest him for non-compliance. We got that dealt with, but 4 years of non-payment added up to over $14,000.00. We have been paying on it since 1998. Both children are now over 18 and the credit bureau shows his account in collections. We have not missed any payments, but we think it says this because of the children being over 18. The problem is, it doesn't show that we are paying a dime. We did speak to an attorney, and his response was, "Child Support has their own rules." This doesn't seem right to us, but we don't know how to fix it. The child support agency has been no help, of course. Since we live in Ohio, it will be on his credit until it's paid off basically, because of the SOL and the amount of the debt.

Any ideas??? :confused:

My husband was in a similiar situation. We disputed the TL with Equifax and it took about 3 request and they finally deleted it. He is still paying on the back pay...but it was never placed back on his credit.

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My husbands case worker was out of the office today when he stopped in to make his payment, so he asked the girl that was filling in for her to pull his payment history. While he was waiting, they started talking about how the info got on his credit report. She said the federal government puts it there, not the state. Has anyone else heard of this? It is totally different from what his caseworker has said.

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My husbands case worker was out of the office today when he stopped in to make his payment, so he asked the girl that was filling in for her to pull his payment history. While he was waiting, they started talking about how the info got on his credit report. She said the federal government puts it there, not the state. Has anyone else heard of this? It is totally different from what his caseworker has said.

I've never heard of that...I dealt with the attorney general and the credit bureaus...and we were getting bounced back and fourth...and the attorney general kept saying they have to report what they've got...it will fall in 7 years. Sure enough the 7th year came around...we disputed the TL again and then it took about 2 months to fall off. And it hasn't been on since.

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I thought it sounded odd. Right hand and Left hand are always out of sync there.

To cavazos007: So you got it taken off even though he was still paying? How did you manage that? I figured it would be on there until it was paid in full.

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This is one of the few instances I'd recommend getting a good credit attorney. NOT a service, a real walk-in office. Depends what good credit is worth to you as this is unlikely to result in any win that pays your legal fees. But, you could use the extra muscle here.

CC [Or anyone], aside from NACA.NET, are there any resources I can utilize to find an actual good credit attorney?

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This whole post doesn't pass the smell test with me. How did it happen that a judgement for child support was entered without his knowledge? After four years of non-compliance regarding a standing child support order, he's lucky he's not sitting in jail. I guess I don't feel too sorry for a guy who drops both of his children on his ex-wife and is perfectly okay with her and a man who's not even their father supporting them.

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