| Child Support
Posted: 2/29/2008 9:01:03 AM | I child support issue I would like some friendly advise on.
Issue: The arrears is based on the fact that for the first 8 months I refused to pay through the state and handed the money directly to my son, or paid medical bills (he's fairly adventerous), or school supply needs, and on two occasions her mortgage, etc...
...as well as through simple beligerence due to misplaced anger, and correctly placed resentment.
Here's the issue. My credit report shows an arrears balance in New York, and two in New Jersey. I am attempting to purchase my house here in Ohio, and would like to buy Oliver a new car when he gets his license in June, niether of which I can do because it looks like (on the report) that I am in arrears on three seperate child support cases.
I took the folowing steps, I notified the credit bureaus of the duplication each of which opened an investigation, all of which found ALL the cases to be correct. I called the Child support agencies in both states, each of which treated me as a reprobate for not paying and saying there is nothing they can do. My credit was not stellar in the first place (the ex is right I have in the past been patently irresponsible. you know the other side of the story, but then again thats how I got her her new Volvo back when, I juggle) and these hits make it completetly unpallettable to any loan company.
This error materially damages me in a variety of ways so without giving "official" legal advise does anyone have a suggestion as to a remedy. I represented myself pro se on the custody case, and since my research skills are impeccable, prevailed there. I would like to file some sort of suit based of demonstrable person damage, including but not limited to loss of job opportunity, any prospective employer who runs my credit ( a common practice these days) does not call me in for a second interview (happened twice until I led with the story when ask to sign to allow them to run my credit), and my ability to purchase anything out of cash range.
If your interested in the whole story please look in the relationship forum under "Drowning on Dry Land" | |
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| Child Support
Posted: 2/29/2008 9:13:29 AM | I wouldn't waste time dealing with a suit that will ultimately net you nothing.
You deal with the credit issues the way you have dealt with the job situation.
You talk to the entity you choose to purchase the car from, tell them what they are going to find on the credit and why, be prepared to produce receipts that illustrate that the state's records and/your choices show you in arrears. If you have paid for vehicles on time, you will still be able to get a loan but you may be thrown into a high risk group.
You may also at this time need to make a choice between doing what you wish to do for your son and buying a house. The same strategy would apply with a mortgage company as you would use securing automobile lending. Although the system has screwed you, you also screwed yourself by being financially irresponsible in the past and by choosing to thumb your nose at a system that if you are lucky, actually works and you don't have these problems.
Seven years from the last stupid thing you actually did will be gone when that happens, the only thing that will be on here is the child support arrears. It will show the dates and as you move further away from them with no new problems, your paper looks better. You are also dealing with a financing environment that is more stringent because of the current home loan debacle.
This is not a legal issue because you have already discovered you are never going to get anywhere with the bureaucracy and good luck getting them into court. Your time would be better spent dealing with credit agencies that are capable of helping you clean up your credit and manage your money better. | |
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| Child Support
Posted: 3/7/2008 1:23:10 PM | Issue: The arrears is based on the fact that for the first 8 months I refused to pay through the state and handed the money directly to my son, or paid medical bills (he's fairly adventerous), or school supply needs, and on two occasions her mortgage, etc... If you actually did make payments, (as you claim ) why would you not make them through the state, as you were ordered to do??
Since you didn't make the payments through the state, as you were obligated to make, then technically you are still in arrears on your payments.
You chose to give money directly to your son???
This money would simply be seen as a gift to your son, and technically should not be considered part of the money that is owed to the custodial parent.
You made 2 mortgage payments for your ex?? Perhaps if you'd have been paying your child support, for those 8 months, she would have been able to make her own mortgage payments?
I really have no sympathy for you.
It appears that you did have an ability to make your payments, but you stubbornly refused not to follow the proper procedures. The dilema that you're now in, is a result of that stubborn refusal by you, to comply with your legal obligation. | |
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| Child Support
Posted: 3/7/2008 2:16:35 PM | Payments for which you obtained no type of receipt are gone with the wind. Even if you have a canceled check from paying the mortgage payment, if you have no written confirmation from the ex that the two of you made such an agreement... oh well. In my state, if you are court ordered or the ex has applied to participate in the state's Child Support Enforcement program, you are advised that payments made via any other means cannot be properly credited and you may be liable for what appears to be arrearages. Any monies you spent toward medical bills relating to your son or school supplies may be considered monies you willingly spent above and beyond the court ordered child support. You do not get to choose or say how the child support is spent. It is for the support of your son but it is owed to his mother (your ex). If she found it necessary to pay utilities or buy groceries and put off paying medical bills or buying school supplies, that's her business as the head of her household. Therefore, it should go without saying that it is never appropriate (or smart) to give the child support directly to the child.
My advice is learn from your experiences and bring your child support to a current status ASAP. Messing up your credit rating is just the beginning. CSE can get much uglier and your ex has no control over them. As for suing, in my state there is a clause which protects the state and its employees in almost all instances except those involving physical injury or death. | |
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| Child Support
Posted: 3/7/2008 2:27:37 PM | | I have to agree with some of the above as you a pretty much screwed if you don't have receipts of some kind. You will most likely have to just pay the arrears off unless you can get something from your ex that say you paid. Although I guess she is going to pretty happy since she will be paid twice on some items. | |
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| Child Support
Posted: 3/21/2008 2:55:20 PM | Even if you had receipts for the payments the courts will not count them. If you did not pay the child support as it is ordered then it doesn't count.
There was a guy that I know that made his child support directly to the CP for several years. She gave him receipts and even testified in court on his behalf saying that he did pay. The court did not care. They seen it as a "gift."
You basically are screwed in that area. | |
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