confused..with surcharge on cs

[faithnlve]

What is the name of your state (only U.S. law)? VT Ok I am behind on child support due to illness but almost paid up. BUT, the surcharges have now surpassed what I owe on arrears. I owe 1700.00 now on arrears but over 2100.00 on surcharges. I called the child support office and they told me that the surcharges are 10% each month on the arrears owed. I owed 4000.00 last year on arrears been paying extra to get it down, and now I owe another 2100.00? When I had custody and my ex got into arrears in the year 1999 of over 6,000.00 he had NO surcharges and I even cut in half what he owed. When I mentioned this to the office of child support they said well our legislature in 2000 allowed them to surcharge but they won't go back to charge him. This does not seem fair to me. One parent gets charged when paying cs, and the other doesn't. I have a court order on a monthly child support obligation and in that court order 50.00 a month towards arrears is being paid. The office of child support is not applying anything to the surcharges only to the arrears, Even if I have a huge credit for that month. I know it helps reduce the amount of the surcharge charged each month, but I feel like I am still getting ripped off. I need to understand all this. So far my child support is almost double due to surcharges. Thanks Faith

 

[Zephyr]

Ok I am behind on child support due to illness but almost paid up. BUT, the surcharges have now surpassed what I owe on arrears. I owe 1700.00 now on arrears but over 2100.00 on surcharges.

clarify that please- do you owe a total of 2100 because of the surcharges or do you owe 1700 PLUS another 2100 in surcharges?

When I mentioned this to the office of child support they said well our legislature in 2000 allowed them to surcharge but they won't go back to charge him. This does not seem fair to me.

they can't retroactively apply the law- the law changed, it is what it is

The office of child support is not applying anything to the surcharges only to the arrears, Even if I have a huge credit for that month.

if you are paying more than you should, specify what you want the overage to apply to- although they may be bound to apply all money's not for current support to arrears first- clarify that with a call to your cs office.

 

[jbowman]

Hmmm, in this thread in May you said you got a small settlement:

paying off arrears

And in this thread in June you said you had $3000 saved:

arrears

Unless you have already used the money above to help pay down your arrears, I suggest you do so and then you will not have this issue with surcharges. Poof, problem solved.

 

[faithnlve]

yes I got a small settlement and paid off alot of bills and back cs. That is why I got down 5,000.00 on my arrears. I still owe 1700.00 in arrears and it will be paid off next January. But, the surcharges are now over 2100.00 and going up. something just doesnt seem right. by the way I was behind due to being hospitalized, surgery. Not something I wanted to be behind on. thanks faith

 

[CourtClerk]

yes I got a small settlement and paid off alot of bills and back cs. That is why I got down 5,000.00 on my arrears. I still owe 1700.00 in arrears and it will be paid off next January. But, the surcharges are now over 2100.00 and going up. something just doesnt seem right. by the way I was behind due to being hospitalized, surgery. Not something I wanted to be behind on. thanks faith

Have you called CSE to ask them to audit your account? And yes, we know.... you were disabled. No need to continue to say it.

 

[jbowman]

Have you called CSE to ask them to audit your account? And yes, we know.... you were disabled. No need to continue to say it.

Especially given the fact that it is no excuse. Kids still gotta eat. And it is still your responsibility. There is a such thing as modifying the court order.

 

[Zephyr]

yes I got a small settlement and paid off alot of bills and back cs. That is why I got down 5,000.00 on my arrears. I still owe 1700.00 in arrears and it will be paid off next January. But, the surcharges are now over 2100.00 and going up. something just doesnt seem right. by the way I was behind due to being hospitalized, surgery. Not something I wanted to be behind on. thanks faith

again- is your total amount owed arrears & surcharges 2100.00 or are they saying you owe 3800.00?

 

[faithnlve]

again- is your total amount owed arrears & surcharges 2100.00 or are they saying you owe 3800.00?

the arrears is 1700.00 the surcharges are 2100.00 So yes, the total added together is 3800.00

 

[faithnlve]

Especially given the fact that it is no excuse. Kids still gotta eat. And it is still your responsibility. There is a such thing as modifying the court order.

Did not modify, I was in hospital most of the time......Plus I do take my kids and my responsibilities seriously, that is why I am paying it down as quick as I can, WHILE paying the monthly obligation Mr. Snippy.... Faith

 

[LdiJ]

10% per month? Are you sure that they told you 10% per month? I can't believe that is legal. That is clearly usury.

 

[LdiJ]

Did not modify, I was in hospital most of the time......Plus I do take my kids and my responsibilities seriously, that is why I am paying it down as quick as I can, WHILE paying the monthly obligation Mr. Snippy.... Faith

Obviously if someone is in the hospital they can't very well pay child support, or any of their other bills either.

It would behoove us a bit to make sure we know the backstory before we get snippy. Sometimes arrearages are from the beginning as well.

 

[jctmt1576]

confused with surcharge on cs

how come u don't just go to court?

 

[Happy Trails]

10% per month? Are you sure that they told you 10% per month? I can't believe that is legal. That is clearly usury.

I agree, that can't be correct.

From Vermont statutes:

§ 606. Action to recover maintenance, child support, and suit money; sanction for noncompliance

(d) In lieu of interest on unpaid child support which has accrued under a child support order, a child support surcharge shall be imposed on past-due child support. The surcharge shall be computed and assessed monthly at a rate of one percent or an annual rate of 12 percent and shall not be compounded. All surcharges shall be deemed principal and not interest. Payments received for child support obligations shall be allocated and distributed as follows:

(1) first to current support obligations;

(2) second to arrearages; and

(3) third to surcharge arrears.