• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child support arrears and settlement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

monk36

Junior Member
What is the name of your state (only U.S. law)? CA

Hi, I am in the process of trying to settle a 22,000.00 debt with CS. I have always made my payments on time since I joined the military and was told I owed arrears to the tune of 18k, I finaly had the arrears down to 6k from the original 18k by paying suport of 427 plus 100 toward arrears 527 a month. After the service I missed 6 months of payments in 2006 while searching for a new position. I got a new Job and started making payemnts again. Now in 2011 they say I owe 22k again. I found out through CS that the money is not owed to the state but to the costodial parent and the majority of the owed ammount is intrest thats been building up at 10% all this time..

I have always been on ok terms with the costodial parent and good terms with the children. So I called the costodial parent after getting a leter saying CS is gona do horrible things to me because of the arrears, She said she is willing to close the DA file and forgive the arrears if the children are willing to agree, other wise they gona stick it to me... so she put it... I dont see how this is bennifiting anyone besides CS and thier operating budget. It drives the None Costodial Parents credit down so they cant get a loan or even co-sign for thier children on big ticket items like a car or student loan for college.. This should be illegal for CS to control arrears and take your belongings and license's away for money owed to the cosodial parent and not owed to the state......

Is there anything I can do to have this lowered or removed in a legal maner if the costodial wont relieve me of the debt?
 


CJane

Senior Member
Your ex is willing to forgive the arrears you racked up after NOT PAYING your ordered support - ONLY if your CHILDREN agree to that - and you're blaming the STATE for your position?
 

monk36

Junior Member
I didnt mention that my ex girlfriend was living with me for 4 years and was collecting child support from the state and having the checks sent to her moms house.. It was a supprise that I owed arrears.. I had to pay those years back because she wasnt on the lease and I couldnt prove without a reasonable doubt that she lived with me cause I had no bills or lease wth her name on them. Also I missed 6 month of payments not just because of searching for a job but from being wounded in Iraq and going through therapy for 4 months I just didnt think Id have to mention it.. I know alot of people would like to lable all dads who owe child support a deadbeat but for this to happen to a man who has all the right intentions and forced to make the child support payments for the 4 years the children lived with him is just unfair. I truly feel that the way states are allowed to control the arrears is not within the fair debt collection act. I mean a creditor cant take your drivers license away, a creditor cant put out a warrent for your arrest.. its just none sense.. It should be treated as a credit debt.. intrest shoud be rated on the income of the NCP.. not on the flat 10%.. Just my thoughts.. but for the CP and CS it works out great i guess.....

When I called CS they were pleasent till I asked them who I owe the money to. then they got realy nasty and said my ex and to have it removed to call here and hung up..

do most people know that for every dollar CS collects from child support they get 50 cents from the federal government. so it directly relates to their budget and thats why they get upset when you want to take it out of thier hands and settle privately. Just some inside info...
 

mistoffolees

Senior Member
do most people know that for every dollar CS collects from child support they get 50 cents from the federal government. so it directly relates to their budget and thats why they get upset when you want to take it out of thier hands and settle privately. Just some inside info...
Or maybe they're just doing their job - and trying to ensure that deadbeat parents pay their court ordered support so that custodial parents can afford to feed their kids..... :rolleyes:
 

Proserpina

Senior Member
I didnt mention that my ex girlfriend was living with me for 4 years and was collecting child support from the state and having the checks sent to her moms house.. It was a supprise that I owed arrears.. I had to pay those years back because she wasnt on the lease and I couldnt prove without a reasonable doubt that she lived with me cause I had no bills or lease wth her name on them. Also I missed 6 month of payments not just because of searching for a job but from being wounded in Iraq and going through therapy for 4 months I just didnt think Id have to mention it.. I know alot of people would like to lable all dads who owe child support a deadbeat but for this to happen to a man who has all the right intentions and forced to make the child support payments for the 4 years the children lived with him is just unfair. I truly feel that the way states are allowed to control the arrears is not within the fair debt collection act. I mean a creditor cant take your drivers license away, a creditor cant put out a warrent for your arrest.. its just none sense.. It should be treated as a credit debt.. intrest shoud be rated on the income of the NCP.. not on the flat 10%.. Just my thoughts.. but for the CP and CS it works out great i guess.....

When I called CS they were pleasent till I asked them who I owe the money to. then they got realy nasty and said my ex and to have it removed to call here and hung up..

do most people know that for every dollar CS collects from child support they get 50 cents from the federal government. so it directly relates to their budget and thats why they get upset when you want to take it out of thier hands and settle privately. Just some inside info...

Gee, if people actually PAID their child support, maybe CSE wouldn't NEED to get involved?
 

monk36

Junior Member
thank you for all your replies,

we all know they are just doing there job... but do you think its their job or right to treat every father who pays child support as if they are dead beat dads?

I understand there are dead beat dads who dont pay. im not trying to defend loosers here..

I am a combat veteran and now a federal employee, I pay my taxes like everyone else. I support my children like a father should. I just think the system is flawed for many fathers who are not dead beats. And for CS to group or treat all fathers or talk down to us like we all are dead beat dads should be unlawfull. its offending..

My question from above is ment not to forgive all the money owed as stated (it reads wrong) but to atleast remove it from CS hands and deal directly with the mother and children.(to do that she would have to forgive the balance and close the arrears case with CS).. I didnt have that oportunity to deal with my ex direct since she went straight to CS and filed and never told me because she was still living with me.. she says she went down for welfare and they made her file for CS from me...

Anyways..

How can keeping a father under bad credit debt be better for the children?.If a father could pay the CP insted and have a burden removed from the fathers credit so he can better himself and inturn better help his children by having the credit backing they will need when they get older to purchase a car or house. I mean they will still get support, they will still get medical. it wouldnt take away from them... but it will help the father or NCP and inturn help the children... does anyone see how it would help?
 

Just Blue

Senior Member
DO NOT respond to other members threads unless and UNTIL you can spell properly and can back up you opinion with STATE SPECIFIC statutes/case law .
 

divona2000

Senior Member
...I found out through CS that the money is not owed to the state but to the costodial parent... She said she is willing to close the DA file and forgive the arrears...should be illegal for CS to control arrears and take your belongings and license's away for money owed to the cosodial parent and not owed to the state...
...she went straight to CS and filed and never told me because she was still living with me.. she says she went down for welfare and they made her file for CS from me...
You are saying the exact opposite thing here...
and oh yeah, you knew she was committing welfare fraud...
 

mistoffolees

Senior Member
thank you for all your replies,

we all know they are just doing there job... but do you think its their job or right to treat every father who pays child support as if they are dead beat dads?

I understand there are dead beat dads who dont pay. im not trying to defend loosers here..

I am a combat veteran and now a federal employee, I pay my taxes like everyone else. I support my children like a father should. I just think the system is flawed for many fathers who are not dead beats. And for CS to group or treat all fathers or talk down to us like we all are dead beat dads should be unlawfull. its offending..
NCPs who don't pay are dead-beat parents (not all Dads). Parents who do pay are not dead-beat parents.

The rest is just whining and rationalization.

My question from above is ment not to forgive all the money owed as stated (it reads wrong) but to atleast remove it from CS hands and deal directly with the mother and children.(to do that she would have to forgive the balance and close the arrears case with CS).. I didnt have that oportunity to deal with my ex direct since she went straight to CS and filed and never told me because she was still living with me.. she says she went down for welfare and they made her file for CS from me...
Because you owe the money to the state now since they are supporting the children that YOU should be supporting.

And why would it matter who you owe the money to? You owe it - so it doesn't make any difference to your obligations whether you owe it to your ex or to the state.


How can keeping a father under bad credit debt be better for the children?.If a father could pay the CP insted and have a burden removed from the fathers credit so he can better himself and inturn better help his children by having the credit backing they will need when they get older to purchase a car or house. I mean they will still get support, they will still get medical. it wouldnt take away from them... but it will help the father or NCP and inturn help the children... does anyone see how it would help?
Yes. NCPs always want to leave the state of out it - because that makes it easier for them to not pay. When the state gets involved, it's far more likely that CS will be paid. THAT is clearly in the child's best interest.

Your ability to get credit to buy a car or a house doesn't put food in the kids' mouths or clothes on their backs. If they are fed and clothed and educated, they can buy their own car or house.

Society's REAL best interest is for people to stop having kids that they have no intention of supporting.
 
I won't respond to all your non-sensical whining because others have.

I will just say that, in all likelihood, mom CAN'T waive the c/s arrears, even if she wanted to.
 

monk36

Junior Member
Thanks for the advice.

but some of you realy dont know what your talking about. I asked a question.. I finaly got it from another site that realy does give advice..

The answer is yes. a father can file for a COAP. and reduce or even remove child support arrears from the state or from the CP....
 

mistoffolees

Senior Member
Thanks for the advice.

but some of you realy dont know what your talking about. I asked a question.. I finaly got it from another site that realy does give advice..

The answer is yes. a father can file for a COAP. and reduce or even remove child support arrears from the state or from the CP....
Of course he can. You can file for anything.

The question is whether he can actually have the arrears forgiven. That's a far more difficult thing.
 

Alex1176

Member
Thanks for the advice.

but some of you realy dont know what your talking about. I asked a question.. I finaly got it from another site that realy does give advice..

The answer is yes. a father can file for a COAP. and reduce or even remove child support arrears from the state or from the CP....
You can not remove it totally, but you can reduce it.
Compromise of Arrears Program
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top