Author Topic: Child support - State of Texas  (Read 9219 times)

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cprems

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Child support - State of Texas
« on: February 27, 2011 09:57:26 PM »
Guys,

I need some help  here.

A little background - My EX filed for divorce in 09. I paid spousal support until the divorce was finalized in Nov 09. Since I have a good paying job i am ordered to pay $9xx a month to date I have paid nearly 14K in CS since the divorce.

I just got a letter from the Texas AG office yesterday - stating their notice of intent to report unpaid child support to the amount of 4K. They say they MUST report it to the CRA's. They say it will report like a revolving credit card account? WTF?

Here is the kicker - I am current on ALL CS obligations. I have paid nearly 14K in CS. I am currently temporarily "laid off" and am claiming unemployment.

The really weird thing is that the amount they say I need to pay is LOWER than what I am court ordered to pay.

Its like a new order has suddenly come into play. the amount is $15 lower and the arrears look to be nearly 5 months behind at the amount i claim to owe.  I have copies of ALL payments - from the AG website.

My questions are this:

If they report this inaccurate account, do I have options under the FCRA and TX State laws to go after the data furnisher?

Can they report this as a revolving account - when I NEVER borrowed ANY money from them.

How would I dispute this?

I am getting my ducks in a row just in case they report this . I need to know what I can do to protect myself.

Also if they sent this out to a CA or a CA starts calling I can DV correct?

I appreciate the help guys - I just do not know what to do?

I am NOT a deadbeat dad. I have and always will support my son physically, emotionally and financially.
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kevinmanheim

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Re: Child support - State of Texas
« Reply #1 on: February 27, 2011 10:28:28 PM »
My first course of action would be to go to their offices tomorrow and ask these questions. Find out why they claim you are late paying.

In my opinion, your CRA report is the least of your concerns. Worry about other punitive actions. Garnishment, tax return seizure, arrest.

cprems

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Re: Child support - State of Texas
« Reply #2 on: February 27, 2011 10:45:02 PM »
Kevin,

This is my plan for tomorrow. I have NO idea where this all  went wrong?

I will be going down there. I also need to get my support lowered temporarily.

I have already filed complaints with the Texas AG & the ombudsman for child support.

The ramifications for me are severe. They can as you said suspend my DL, my state certs, garnish MORE money and have me arrested for allegedly non payment.

I will update tomorrow. I do not hold up much hope at this point as I have dealt with the idiocy and bureaucratic craziness before.


My first course of action would be to go to their offices tomorrow and ask these questions. Find out why they claim you are late paying.

In my opinion, your CRA report is the least of your concerns. Worry about other punitive actions. Garnishment, tax return seizure, arrest.
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CleaningUp

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Re: Child support - State of Texas
« Reply #3 on: February 27, 2011 11:09:19 PM »

Make sure you take all relevant records with you. The laws and the bureaucracy are stacked against the parent who has to pay child support,


cprems

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Re: Child support - State of Texas
« Reply #4 on: February 27, 2011 11:16:15 PM »
CU,

I have all the paperwork to prove payment.

I have a complete history of ALL payments made since Dec 15 2009

My Finalized divorce decree

My child support agreement

Ironically I got the payment information from the AG website where  I make my payments.

You are correct about the laws being stacked against the non custodial parent.


Make sure you take all relevant records with you. The laws and the bureaucracy are stacked against the parent who has to pay child support,
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montag

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Re: Child support - State of Texas
« Reply #5 on: February 28, 2011 04:59:01 PM »
Make sure you take all relevant records with you. The laws and the bureaucracy are stacked against the parent who has to pay child support,
Child support debts are among those exempt from BK.

cprems

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Re: Child support - State of Texas
« Reply #6 on: February 28, 2011 07:08:51 PM »
A quick update...

Apparently the EX has decided to apply for "assistance" and the case gets reviewed - she forgot to mention that she had received the spousal support and child support on the application.

My EX stating that she NEVER received any spousal support while the divorce was being finalized. Well she was claiming She never got the 4K supposedly owed. Well it so happens that I kept EVERY fax that was paid to her. So I had my bank do a search for EFT's from my account to hers in that time period....Guess what, I paid $6800 directly to her account as ordered by the court. I overpaid her by 2K.

The guy at the office saw the (notarized copies) and stated that he will be sending the EX an affidavit to sign agreeing that ALL credits have been paid. I will be getting all this money credited correctly. If she decides to blow off the Affidavit, we go to court and I get to present to the judge my side.

I have a date set with the child support office for Mar 15 to get all this and the modification completed. I am hoping I can get this resolved then.

I will keep you guys updated and thanks for listening.
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kevinmanheim

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Re: Child support - State of Texas
« Reply #7 on: February 28, 2011 07:15:48 PM »
Do you travel outside the country? If so, and as soon as your obligations are current (and before the next mix-up), it wouldn't be a bad idea to get a new passport that's good for ten years. Keep it in a very safe place.

It sure would be a problem to have one of these mix-ups occur at the same time you need a passport renewed or replaced in the future. You can't if the state tells the State Department you owe more than $2,500 in back support.
« Last Edit: February 28, 2011 08:03:51 PM by kevinmanheim »

cprems

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Re: Child support - State of Texas
« Reply #8 on: February 28, 2011 07:56:33 PM »
Kevin ,

Thanks for the information. My job sometimes requires me to travel and my passport is good for at least 5 more years.

The ramifications of someone alleging non payment  for ANY CS is huge. There are no repercussions for the "person" who filed it. They get to skate with an "oops" "sorry my bad". I am the one who has to jump through hoops to prove my compliance.

At least I found payments that can be credited towards my obligation - So in essence I got 2K back.

Can i add this to the ticker lol??? :vbrofl: :vbrofl: :vbrofl:


Do you travel outside the country? If so, and as soon as your obligations are current (and before the next mix-up), it wouldn't be a bad idea to get a new passport that's good for ten years. Keep it in a very safe place.

It sue would be a problem to have one of these mix-ups occur at the same time you need a passport renewed or replaced in the future. You can't if the state tells the State Department you owe more than $2,500 in back support.
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Belle&Alex

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Re: Child support - State of Texas
« Reply #9 on: February 28, 2011 09:26:12 PM »
You will be fighting a uphill battle. 
OAG child support division doesnt often hire a CA.  They will seize/garnish income they can find.
Are they taking c/s from your unemployment checks yet?
They reported some messed up information for years on DHs credit reports, finally fixed it a month before his obligation ended.  It took us six months to get them to send us a letter for us to forward to the CRAs showing he was actually ahead 5 months not behind.

How he got ahead is another OAG child support division example of the stellar treatment you will receive as the NCP. 
My Dh paid his child support at the court ordered amount until his oldest turned 18.  We then called and asked when it would lower since he was now 18.  CP claimed he was enrolled in an online homeschool, no proof required,  CS continues until he is out of school.  We contact the "school" find out that oldest child is no longer enrolled and never turned in any course work.  Begged for a letter and the "school" finally sent one once we demanded al copies of childrens records.  Oldest had been out of school for a year before OAG finally processed our paperwork and removed him.  DH ended up not having to pay anything for the last 5 months before youngest child turned 18 due to the overpayment.  It promptly ended the month after he turned 18.  However we stayed in constant contact after the "incident " with oldest child.   

And it still took until December 2010 before the OAG managed to send the paperwork to remove the children for our health insurance.  ( which if thier mother would pay the bills or tell us the kids went to the hospital we might not have worried about however after having 2 bills hit Dhs credit report for youngest child going to doctor and the CA coming Dh since the insurance was in his name. )

Finally the nightmare is over and the OAg did remove the entire trade line from the credit reports after dhs obligation ended.

cprems

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Re: Child support - State of Texas
« Reply #10 on: March 02, 2011 12:13:50 PM »
A quick update...

Well they adjusted the balance down to 800 at 2AM and I just logged in (6:12) to discover its now back up to 1.7K (was 4.7K)

Time to get on the phone at 9am sharp. This is NUTZ...I gave them ALL the paperwork stating that I have paid and its still incorrect.
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montag

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Re: Child support - State of Texas
« Reply #11 on: March 02, 2011 04:10:55 PM »
A quick update...

Well they adjusted the balance down to 800 at 2AM and I just logged in (6:12) to discover its now back up to 1.7K (was 4.7K)

Time to get on the phone at 9am sharp. This is NUTZ...I gave them ALL the paperwork stating that I have paid and its still incorrect.
One thing to remember about the child support bureaucracy in general.  They are not professional accountants but (more often then not) <Removed>. One friend got the blank deer-in-the-headlights stare when he spoke to a supervisor and uttered such words as pro-rate and rollover to next monthThe best thing that can be done is to keep on them about this.  Consider a DV letter on that amount--it may not solve your problem, but should be good for a few laughs.


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« Last Edit: March 02, 2011 09:18:48 PM by Admin0248 »

Mischievous Smurfy

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Re: Child support - State of Texas
« Reply #12 on: March 02, 2011 05:59:03 PM »
You are correct about the laws being stacked against the non custodial parent.

not really ... the paying parent has the burdon of proof of payment ...  the non-paying parent can't prove a negative ...

having read the next post where she lied ... its one thing to be a little off ... but to outright lie and say she hasn't received anything ... she could be and should be facing criminal charges for attempted fraud.
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why are we requesting validation instead of disputing???  Why Why Why

cprems

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Re: Child support - State of Texas
« Reply #13 on: March 02, 2011 07:24:19 PM »
MS,

Burden has been proven. And the non paying parent can prove a positive (she lied)

I asked about criminal charges. I was told that if she signs the affidavit attesting that she in fact received the money...no harm no foul. She gets a free ride


not really ... the paying parent has the burdon of proof of payment ...  the non-paying parent can't prove a negative ...

having read the next post where she lied ... its one thing to be a little off ... but to outright lie and say she hasn't received anything ... she could be and should be facing criminal charges for attempted fraud.
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 I AM the "village idiot" please hold my posts to this standard.

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cbarnett97

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Re: Child support - State of Texas
« Reply #14 on: March 02, 2011 07:26:16 PM »
MS,

Burden has been proven. And the non paying parent can prove a positive (she lied)

I asked about criminal charges. I was told that if she signs the affidavit attesting that she in fact received the money...no harm no foul. She gets a free ride
Well you could sue her.  Especially if they have put it on your CR I would apply for a CC and have it denied then you can claim actual harm because of her actions