CA Compromise of Arrears

[evilelv]

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

Has anyone successfully filed a Compromise of Arrears in CA? THe county the case is in is Orange We have a six figure arrearages that started at $20K 10 years ago..it is mostly interest... heard you can get a 90% reduction if you agree and stick to a new payment plan that lasts 3 years?? the person in question that owes is very very low income and is living with son from another marriage trying to get custody...Im a third party that has interest not only b/c he's family, but also theres lien on a property soon to be in my name and the lien would wipe out almost all the value, and the lien amt I assume grows with the support amt as interest is added?? (not sure) I was disappointed to hear that there is no statute of limitations on liens in CA (bummer) This compromise of arrears may be our solution and Im willing to help the guy pay it...Please send any success stories or non-success stories Drivers License has been taken...the case I believe is closed and the child is age 23...the mother will not cooperate without compensation and had the kid in the welfare system most of her youth...Before you comment remember Im not the one who owes**************evilelv

 

[Proserpina]

Any chance you can get the actual involved party to post? Who exactly is "we"?

 

[evilelv]

Poster

I am his sister in law...he is not very smart and does not know how to use a computer, and needs someone to help him with his affairs...does this mean that you wont answer the question? Theres nothing wrong with gathering information...we dont have much money and its sites like these that help us get our ducks in a row to sit down and talk to a lawyer when the time comes, which is our overall goal...evilelv

 

[Proserpina]

Are you seriously saying that Dad doesn't know how to use a computer?

Look. There is a reason why we prefer not to deal with third parties - actually, there are several but one of the big ones is that the third party RARELY has all of the information needed in order to obtain an accurate response.

But, since you at least asked..

Why is the arrears amount so much? Wasn't he paying? Why not? (and why is it a bummer that there's no SOL for CHILD SUPPORT arrearages?)

 

[evilelv]

Poster

yes he doesnt know how to use a computer...and in this situation Im actually the one who has equally or more information than him, and Im more educated about the situation and much more educated than he (masters level education)...Yes he used to make payments and it got way beyond his control,....the amt began as $20K and grew to $100K which is why the SOL makes no sense.... What id like is answers about the '"Compromise of Arrears program" not a discussion of who is asking or why they are asking, or blocking me from the answers because you disagree with the way he handled his affairs..... anyone else?

 

[Proserpina]

yes he doesnt know how to use a computer...and in this situation Im actually the one who has equally or more information than him, and Im more educated about the situation and much more educated than he (masters level education)...Yes he used to make payments and it got way beyond his control,....the amt began as $20K and grew to $100K which is why the SOL makes no sense.... What id like is answers about the '"Compromise of Arrears program" not a discussion of who is asking or why they are asking, or blocking me from the answers because you disagree with the way he handled his affairs..... anyone else?

Good luck with that.

Your rudeness isn't warranted.

(and believe it or not, the WHY he wasn't paying just MAY be critical)

 

[goddessoflubboc]

First, the property will not transfer until the lien is paid.

You state dad lives with his son and is trying to get custody? Custody of whom? This child is 23.

If he's trying to get custody of a child then does he have a current support order on that child?

Arrears are money owed as *reimbursement* for money someone else spent to raise a child without financial help from the other responsible party.

Just because you have more degrees than someone doesn't mea you necessarily know their situation better than they do. I have a wall full of sheepskins and still haven't cracked open any psychic powers.

You stated you handle his affairs. If so, why didn't you help him request a modification years ago when he was no longer able to keep up with his payments?

PS If there's a lien and money owed to the state as you claim, then the case is still open.

 

[goddessoflubboc]

OP - did you read anything on the COAP at all?

I just took 5 mins to do so (specifically for Orange Co, CA) and based on your info he likely doesn't even qualify.

The COAP releases the obligor from 90% of the debt owed to the government. However, to do so he has to prove he can pay the remaining balance off in 36 months - and the DO IT. If he fails to pay it off the 90% of the govt owed money would go back on the balance.

Mom also needs to have gotten that money from CA, not another state.

And the other parent doesn't need to cooperate or agree or be involved at all. The money that is released wouldn't have gone to her anyway.

He can certainly call to find out what his balance is that would be going to the other parent to see if it is feasible.

Oh, and he doesn't NEED an atty, it's a downloadable form that he would fill out for them to determine eligibility. There's no negotiating, the program is very straightforward.

 

[evilelv]

What i meant by the education is that Im much more suited to interpret the research I do (many many hours). I requested the COAP application recently and I did see that the OC site has all the requirements listed, and he may meet them. Ive only been in the family a few years and started working on this recently. Thank you for the info on the lien remaining on the property at transfer, I was aware of that...The brother agrees to quit claim the property to me and my husband (my husband is already 1/2 owner) and I know the lien does not survive his death...Q---would the quit claim he wrote go thru if we file it after he dies or would he have to also will the property transfer? Oh, and thanks for sending me good information vs a lot of hot air....appreciate your time also in checking out the OC site evilelv

 

[evilelv]

other child

forgot to tell you that the other child is from a different mother and has been living w him continuously for 8 mos even tho mother has partial visitation and the one with custody...He is working on custody and or support from her as she has $2 million in the bank and gives the kid a bag of oreos and the dad $50-100 a month and laughs....

 

[goddessoflubboc]

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

... heard you can get a 90% reduction if you agree and stick to a new payment plan that lasts 3 years?? ...the mother will not cooperate without compensation and had the kid in the welfare system most of her youth...

You do understand that NONE of the money owed to mom is up for grabs, right? She still gets every penny she is entitled to. And food stamps and housing assistance don't go against the child support. And presumably she needed the help in part because dad wasn't holding up his end of the order.

Just for kicks and giggles - and because frankly my interest was piqued - a little calculation.

Let's say mom got $100 a month in collectable gov't money (tanf, medicaid) every single month the child was a minor. 18 years times 12 months a year is 216 months. 216 times $100 a month is a total of $21,600. Let's round up to $40,000 to include interest owed on that money. You say dad's arrears are 6 figures. I'll go with $110,000. (My estimates of what mom got are likely very high, but just as an example.)

So he gets a 90% reduction on the state money so he still owes 4k of that. Leaving his outstanding balance due at $74,000, to be paid off in 36 months.

That comes to about $2,055.00 per month. Given of course all the money I estimated is due back to the state and that his outstanding balance isn't more than $110,000.

You have the real numbers in front of you. Do the math. Because if the balance isn't paid in full at the end of month 36, that $36k forgiveness goes right back on his balance due.

But hey, apply. You never know.

Oh, my bad - just remembered there is a five year limit on tanf, so my estimates are way high on what mom might have gotten.

 

[Antigone*]

forgot to tell you that the other child is from a different mother and has been living w him continuously for 8 mos even tho mother has partial visitation and the one with custody...He is working on custody and or support from her as she has $2 million in the bank and gives the kid a bag of oreos and the dad $50-100 a month and laughs....

Well, now he knows what it is like to raise a child with little or no support from the other parent

I have seen a compromise or arrears in the matter of a parent who was reunified with their child after going through reunification and DFS. It was only awarded because it would have been detrimental to the child to continue to collect support for the child was the child was reunified.

 

[jgimbel]

Repost of question

wouldnt 90% of a $100K arrears be only $10K...divided by 24 mos is $277/mo....these people could afford that

 

[TinkerBelleLuvr]

They are probably still responsible for the actual part of the support order. It's the interest that can possible be reduced.

 

[divona2000]

...I know the lien does not survive his death...Q---would the quit claim he wrote go thru if we file it after he dies or would he have to also will the property transfer?

Why do you think that?