Aerovette Posted March 26, 2009 Report Share Posted March 26, 2009 This issue concerns child support. I live in Texas, the ex lives in Tennessee. Tennessee is the originating state with Texas being the enforcing state. Payments are automatically taken from my check every two weeks by the state of Texas and sent to Tennessee. So last week I got an alert via my monitoring agency and it indicated I was three payments in arrears for child support as of 3/15/09. Of course I called the state of texas and they said, nope not true all is good and all paid and up to date and in fact I was over on my account by $72.00 and March was already disbursed. My next call was to Tennessee and let me tell you if you are the non-custodial parent, you will get NOWHERE with the people. They refused to talk to me and told me I needed to get the situation corrected with the Texas AG. I repeated several times that the issue is not with Texas, but with Tennessee. They didn't want to hear it. I called any number I could find on line to plead my case and the last woman said she could not help me because I am not their customer. I said if I am not your customer, why are you reporting to MY credit bureaus? "Talk to Texas" was the answer again. I asked if Texas provides proof of my payments, would they remove the derog. The reply...No. They would show a zero balance, but NOT remove the derog. I was not happy. I logged in to the TENNESSEE child support site and looked at my pay history.I pay $970.00 per month and as of 3/15 10.5 months have passed since judgement and the obligation began per my court documents signed by me and my lawyer as well as the Texas AG's Rep. So, 10.5 months x 970 = $10,185.00. So I looked at the total that THEY show I paid as of 3/15 and it is $10,186.00. How can they put a derog against me when THEIR RECORDS show I am paid up? So I called and had them do the math. Their reply, "well it's not always that simple where the math is concerned" WHAT ??!!So Texas has forwarded my pay history TWICE. If they do not remove the derog, do I have grounds for suit? I can get pay stubs reflecting each deduction, I have the Tennessee pay history and can obtain the Texas pay history if needed.This will impact my credit and above that portrays me as a deadbeat dad to anyone looking at my credit report. Surely there must be some restitution for this. Link to comment Share on other sites More sharing options...
cjtx Posted March 26, 2009 Report Share Posted March 26, 2009 The CRAs have to report whatever info they get from any state child support enforcement agency. The language in FCRA 622 allows and even requires for them to just parrot whatever they are told in relation to child support. So unless the CRAs are somehow distorting the info, they are off the hook for most practical purposes.However, there are no specific exceptions for DFs who happen to be child support related. So you treat them the same way you would treat a DF. Send a 623 letter, dispute with the CRAs and if it comes back verified, you sue the DF for any damages they caused you.There must be other ways to deal with this situation. I am sure there is a checks and balances mechanism to deal with state agencies' abuse or negligence. Link to comment Share on other sites More sharing options...
fred_perkins Posted March 26, 2009 Report Share Posted March 26, 2009 Be sure to send all of your disputes via Certified Mail! It may be hard to convince a court that you called so-and-so in the-office-of-such-and-such to dispute the late payment info, but a copy of a written dispute and a postmarked CM receipt is solid proof that you sent it. The cost (just over $3) is well worth it. Adding return receipt service costs extra and isn't necessary. Just use the tracking feature on USPS.gov to find out when your letter was delivered.FAXing disputes is also OK as most courts would accept a transmission receipt as proof that you sent something, but my suggestion is to spend the $3+ fee for Certified Mail. Link to comment Share on other sites More sharing options...
Aerovette Posted March 27, 2009 Author Report Share Posted March 27, 2009 The CRAs have to report whatever info they get from any state child support enforcement agency. The language in FCRA 622 allows and even requires for them to just parrot whatever they are told in relation to child support. So unless the CRAs are somehow distorting the info, they are off the hook for most practical purposes.However, there are no specific exceptions for DFs who happen to be child support related. So you treat them the same way you would treat a DF. Send a 623 letter, dispute with the CRAs and if it comes back verified, you sue the DF for any damages they caused you.There must be other ways to deal with this situation. I am sure there is a checks and balances mechanism to deal with state agencies' abuse or negligence.I considered this but keep in mind that Tennessee SAYS their records are intact so they will be able to validate and verify, however, they will STILL be in error. You see by having a payroll deduction it is IMPOSSIBLE for me to be in arrears. However it IS possible for my state to NOT send them money which is out of my control. I received a letter today stating that Texas has ONCE AGAIN sent payment history to Tennesse and has requested that the derog be removed. Of course that means NOTHING if they stand by THEIR records. The website I checked for the state of Tennessee should have been enough to prove my position but I don't know what "magical" math they use.No offense to any forum members from Tennesse, but I can tell you I am less than impressed with the people I have spoken too. Perhaps it just doesn't take much to qualify for those jobs. I tried breaking things down in simple terms and was putting Sesame Street and Barney to shame with the elementary wording I used, but still nothing was being absorbed. I think a deaf ear gets turned to a non-custodial parent. We are assumed to be scum regardless of the facts. Link to comment Share on other sites More sharing options...
Aerovette Posted March 31, 2009 Author Report Share Posted March 31, 2009 Ok in today's mail from Tennessee, I received THIS...Dear Aerovette,Case number xxxxxxxxTexas Child Support notified our office you do not have any arrears. Texas has the controlling order. I am having the arrears balance removed from your record and having the order reentered and hopefully this will take care of the situation. Also, I am notifying the Child Support Office in Nashville that handles credit bureau reporting, to notify the credit bureau that you did not have any arrears and that Texas has the controlling order. This will be on your credit report for 7 to 10 years, however once Nashville notifies the credit buearus that it was in error, it should show paid. If you don not understand you may call and talk to me.Sincerley,XChild Support Services__________________________________________________This is NOT satisfactory to me. They admit error, but indicate the derog will remain for 7-10 years but show as paid. That is wrong. Perhaps I am mis-interpreting the letter, but it does not say anything about the arrears being erased, only that it will show PAID. Thoughts?I also found a bit of irony in the fact that I talked to several people on their end that "did not understand" but they want to tell me to call THEM if I don't understand. HA !! Link to comment Share on other sites More sharing options...
Freak Posted March 31, 2009 Report Share Posted March 31, 2009 I take it to mean that the account will remain on your report for the 7 year period, but will be updated to reflect positive paying history - I certainly have no experience in this arena. However, if you have to challenge it, you have a letter in your hands which pretty much pleads your case. Link to comment Share on other sites More sharing options...
cjtx Posted March 31, 2009 Report Share Posted March 31, 2009 Time to dispute with the CRAs. If they refuse to investigate, send a copy of the letter, demand that they call the author of the letter and if the info is not deleted, a lawsuit may be in order. Link to comment Share on other sites More sharing options...
Aerovette Posted April 2, 2009 Author Report Share Posted April 2, 2009 Time to dispute with the CRAs. If they refuse to investigate, send a copy of the letter, demand that they call the author of the letter and if the info is not deleted, a lawsuit may be in order.What is the violation? Link to comment Share on other sites More sharing options...
Recommended Posts