• 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.

Please help me address this CS issue

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

DLO_FL

Junior Member
:mad: What is the name of your state? FL -- CS Issue in TX

We are looking for input from those of you who have been in a similar situation or from anyone who can add some insight as to what YOU would do in our situation. I‘m hoping to send out a certified letter, (return receipt requested) but need to know -- what “if” any rights -- we have, before I'm off to write.

Here’s the situation: On June 18th, Tx AG intercepted our tax return and credited TX CSE office with $4542.19. This amount was to pay off any and all arrears. On November 9th, we received a letter from TX AG, a “notice of intent to report” $874.19 to the credit bureaus in UNPAID support. Well, we don't owe this!

On the following day, we received our Financial activity report stating that OUT of $4542.19 only $3648.12 was applied and credited to our account. The report ALSO stated we HAD an overage paid balance of $894.07. <$4542.19 Intercept - $3648.12 credited = $894.07 overage>. So, where is this overage money?! Well, here’s where it gets interesting:

According to CSE today, at the time of the intercept we ONLY owed $3648.12...but thanks to TX’s accounting -- $4542.19 was taken -- BUT instead of rightfully refunding NCP, or crediting his account on future payments - they decided to send the FULL amount to the CP, and all we heard is Oops, we made a mistake!

But that’s not all…their resolve on this issue regardless of THEIR mistake, is that NCP will be PENALIZED! His Income Deduction order has gone up $45.00/mo until the amount we ALREADY paid is PAID all over, and the amount will NOT be removed from his file. Even better, because NCP shows arrears, (read: bogus arrears) TX AG -- WILL -- report this to the credit bureaus, which they say can last 7 YEARS!! We say BS and WANT our credited amount DUE to us TAKEN OFF!

To sum it up, our questions are (hoping you can answer) is:

1) As to the credit reporting…doesn’t this constitute FRAUD?

2) NCP has asked that they immediately removed this overage money from his balance…again, his case worker said they won’t…this, even though he owes support until 07/05...So, what are our rights to getting this money properly and IMMEDIATELY credited, here? I mean, what’s to prevent them from collecting from this upcoming years tax refund, if this bogus arrears is STILL shown, kwim?

3) Any suggestions as far as being penalized at $45/mo. for this BS! Is that illegal?

Please help me address this issue…we are LOST at what to do!
 


Fireball

Junior Member
mirror

Think of this way. I am not being sarcastic I am only giving you another angle to look at this. If they had to intercept you tax refund this means for some time the NCP owed $3,648. What you seem to be saying is it's OK to owe this much money but you think it's fraud for the CP to owe $800. I can only feel for the child in this matter. I don't know why any NCP feels the way they do about support.I guess they think the CP will spend it on foolish things. I will tell you it cost alot of money to raise a child. Look at it as if the child lived with you. Food,clothes,medical,then there is Movies,school fees etc. What price tag would you put on your child. I say thank GOD you are current take pride in the fact that you are investing in the future of a child who will respect you later on for being there. Take my advise sit down with the CP and work it out. If you stay current and take an active role in the childs life you will be the better person. Life is to short. Money comes and goes. Your child will love you forever.
 

DLO_FL

Junior Member
Child support was set at $12,566.40, in the year 2000 for ncp’s TWELVE year old child. This amount was set as RETRO-ACTIVE SUPPORT from the initial time CS was filed. So, yes, this means that NCP still owed $3,648 on "retro-active support".…if your curious as to why support started in 2000 when the child was 12 and not YEARS before, I can sum that up in one sentence…what was in the child’s best interest, merely defined what was in the CP’s best interest.

You see, PATERNITY was/is a BIG issue for this CP. This CP would rather parade “poor parenting skills” at the expense of her own child, while playing the role of the “poor single mom act“ hiding and concealing this child, rather than having dad’s paternity established and money in her a$$ back pocket to care for her child all these years, and for the simple fact that “paternity” would also enable this child and father -- the right to a father-child relationship! Personally, CP owes NCP more than just the $800 in ransom money, CP owes NCP and his kid nearly 17 years of which they will NEVER get back...

If anyone else, could advise on how to handle this sitaution...please post.
 

ikecvfd2

Member
Fireball said:
I don't know why any NCP feels the way they do about support.I guess they think the CP will spend it on foolish things. I will tell you it cost alot of money to raise a child. Look at it as if the child lived with you. Food,clothes,medical,then there is Movies,school fees etc. What price tag would you put on your child.
The reason some of us NCPs feel the way we do about support is that our child whom we do not have custody of isn't our only child. I have 2 children from my current marriage, so I am very well aware of how much it takes to raise them. Many other NCP had been the custodial parent before the divorce and also know how much it takes to raise their child. The frustrating thing is when my 2 younger children have to suffer and sacrifice so I can pay more than is necessary to my ex in child support, and then see my daughter come over in ridiculously expensive clothes. Why is it that some people think that children of divorce deserve more than other children? I cannot afford to give my 2 younger children some basics, let alone any extras like movies, or extra activities. I love my daughter from my first marriage very much and she deserves to be happy of course, and I want her to have more than just the basics, but I know that I am paying more child support than is necessary to provide that, and I'm only supposed to be paying half. I know for a fact that my ex spends the child-support I send her on herself, after she's paid for what she wants to for my daughter. That's why I feel the way I do.
 

LdiJ

Senior Member
ikecvfd2 said:
The reason some of us NCPs feel the way we do about support is that our child whom we do not have custody of isn't our only child. I have 2 children from my current marriage, so I am very well aware of how much it takes to raise them. Many other NCP had been the custodial parent before the divorce and also know how much it takes to raise their child. The frustrating thing is when my 2 younger children have to suffer and sacrifice so I can pay more than is necessary to my ex in child support, and then see my daughter come over in ridiculously expensive clothes. Why is it that some people think that children of divorce deserve more than other children? I cannot afford to give my 2 younger children some basics, let alone any extras like movies, or extra activities. I love my daughter from my first marriage very much and she deserves to be happy of course, and I want her to have more than just the basics, but I know that I am paying more child support than is necessary to provide that, and I'm only supposed to be paying half. I know for a fact that my ex spends the child-support I send her on herself, after she's paid for what she wants to for my daughter. That's why I feel the way I do.
As long as NCPs are taking into consideration the TOTAL costs of raising children and not just only the direct expenses to be attributed to the child I can and do sympathize with their struggles when they have second families. I also sincerely sympathize when their children are clearly "doing without" and mom isn't. However there are a whole lot of ncps out there who just refuse to accept that the cp's BASIC expenses don't also contribute to the child.

Let me give you my own example. My ex hasn't paid any child support in several years (we don't go through the state and I understand and sympathize with his reasons, and I know that he will eventually make it up to us, I trust him.) however this has caused me to struggle financially, and has caused our teenager daughter to work and provide for alot of her own "direct" expenses. (When I would prefer that her total concentration be on school)

My biggest struggle is to keep our home. This has been my daughter's home for the last 14 years and I can't downsize without changing her school...which would be a horrible thing to do to her when she is a Junior in high school. If my ex could just pay his child support it wouldn't be an issue and I could easily "downsize" after she graduates....even if she stays at home.

However he can't...so I struggle. I don't hate him for it...(we honestly are good friends) but our daughter resents him a bit...and NO I don't talk negatively about her father. However she is an extremely bright almost 17 year old (less than a month) and don't think that she hasn't figured everything out on her own.

Anyway...I rambled...the point I am making is that ncps don't just contribute towards their children's direct expenses, but also the children's purportionate share of the household expenses.
 

ikecvfd2

Member
LdiJ said:
However there are a whole lot of ncps out there who just refuse to accept that the cp's BASIC expenses don't also contribute to the child.

...
Anyway...I rambled...the point I am making is that ncps don't just contribute towards their children's direct expenses, but also the children's purportionate share of the household expenses.
I wholeheartedly understand and agree that basic things such as rent, food, utitilities and the such figure in to support of the child. And I agree that there are some loser NCPs out there. However, I do have to speak up whenever anyone makes a absolute general statement about a large group of people that are all very individually different.

But again, because I am paying so much to my ex in child support, I have to live with family for now, and my children barely get the basics, and certainly don't get any extras. I won't have money to get them presents for Christmas (Grandparents are helping), and I also don't have the money to pay to go see my daughter whom I am paying so much child support for.

The bottom line is the system pretty much sucks. Don't ask me for suggestions to improve it either, because no matter how you change it, it will be abused by someone anyway. All I can do, is continue to do my part for my daughter so my ex can't truthfully tell her that I didn't support her. My daughter will eventually figure it out when she is older, although that is little consolation right now.
 

tigger22472

Senior Member
Your husband needs to check with CSE and the prosecuter's office as that money may not be owed back to you. Some states add interest to the monies owed. My ex owed 3,500 to the state and I know for a fact that they added 1,200 in interest to that amount(unsure if they've added interest to the 21,000 owed to me). I don't fully agree with interest being added but that's the way it works sometimes.
 

Find the Right Lawyer for Your Legal Issue!

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