Employer Paid Child Support Late

[tsparks33]

I have ongoing child support that is deducted directly from my paycheck by my employer. Last year we had a change in personnel in our HR department and payments that were suppose to be submitted to the California Department of Child Support Services (DCSS) never happened. My employer sent in the payments 5 months late. DCSS marked my account 150, 120, 90, 60 and 30 days late for the months that support was not sent in and it is now being reported to the credit bureaus.

 

Has anyone else had experience with this? If so, were you able to successfully challenge this and find a resolution?

 

Any and all advice and insight would be greatly appreciated.

 

Thanks,

t

[PotO]

I've seen this before, though it was back before California centralized their child support process.

 

Back then they told the individual that it was their responsibility to see that payments were received each month. This was also back when the District Attorney's Office would send out letters to this behind and DCSS stated that if the person had actually paid attention to their mail they would have noticed the issue early on.

 

If you can show that on your pay stubs during this period it shows child support as being withheld, you might be in a strong position. Even then, DCSS is a sack of poop and you might need to get your state representative(s) involved.

[Aahz]

Happened to me years ago when I was in California as well. Employer sent in payment late three months in a row (3 30-day lates, not a 90-day late). DCSS insisted it was my responsibility to make sure payments were made in a timely manner and there was nothing they could or would do about it. Sorry.

 

But someone may still come along with some trick or another.

Edited February 11, 2015 by Aahz

[Allisson0605]

Dispute it, I disputed mine a few years back, the whole account was removed, it was only equifax back then.

[tsparks33]

Dispute it, I disputed mine a few years back, the whole account was removed, it was only equifax back then.

Did you dispute it with the CRA's? I have disputed the late payments in the past and DCSS verified. I wrote a goodwill email to the DCSS Chief Deputy explaining my situation but have not received a response as of yet. Looking for a remedy and am considering writing to my state Attorney General.

[david_weaver]

No advice, but just some observations:

 

You must have a pretty nice EX. I worked with a guy many years back who was paying support, withheld by our employer. The money always posted to her account on the Thursday following payday-Friday. If it did not, his EX would call our work to find out WHY?

 

My DW gets very minimal support from her EX (from OH), and if a full month goes by with no payment, the court contacts his employer to request an affidavit verifying he is still employed. If not, and since a month with no payments has passed, he gets served for contempt and has to appear in court to explain.

 

I could absolutely see how YOU might not notice your employer failing to distribute, as it was coming out of your check. But your EX did not call you in five months to ask why no money?

 

Lastly, not sure how CA works, but in OH an employer can be found in contempt if they do not submit monies collected within 30 days of collecting. This is to prevent a shady employer from using the funds as his personal slush fund and 6 months and then saying 'oops' and making good on it. If this is truly the fault of your employer, you should be livid, and demanding an answer to how THEY will help you make this right? Do you realize the damage a '150-day late' is doing to your scores? Yes, the staff in HR changed. But you all still got paid every week, right? Your health insurance did not get cancelled? It is the employer's responsibility to plan for and manage management changes to ensure continuity.They failed.

 

Agree with PotO. Your State Rep might be a better first step than the AG. The more backup the better: Pay stubs showing money was withheld; Affidavit from employer verifying it was THEIR screw-up; Printouts of your ledger with DCSS showing your history and that other than this employer screw-up you are a timely payer.

 

Good luck.

[hyp0luxa]

I had success filing a complaint with the CFPB.

 

Prior to that I had tried everything to get child support off my reports.

 

Different state, and different circumstances but def. worth a shot.

[tsparks33]

No advice, but just some observations:

 

You must have a pretty nice EX.

She is actually the devil disguised as a human being. As far as I can tell, she didn't report it because during the same timeframe, I had also been paying her for shared costs of a medical procedure that wasn't covered by our medical insurance.

[tsparks33]

UPDATE:

 

Sent a follow up email last night to the Deputy Director, again laying out my reasoning for a goodwill removal of late payment remarks. I also stressed my concern in regards to the reported late payments and advised her that I didn't want to contact my State Rep or the California AG, but was prepared to do so if necessary.

 

Got an alert this morning that my email was read and forwarded to 7 different people in the department. Shortly thereafter, received an email that they are looking into my case details and should expect a response shortly.

 

Hoping for a little luck, karma, or anything positive the universe is willing to provide.

[tmcgill]

Good luck with your contacts. Your problem is very familiar, as my ex-DH and I went through the same thing with California a few years ago. We were living in New Mexico at the time, and made several trips back and forth, writing congressional reps, trying to work with agency personnel, sending the CRA disputes and sending many letters but nothing changed. We were stuck in the same bureacuracy, and didn't have the CFPB back then. The child support was sent late by his employer, and with added digits. Showing us owing $99,000 for a child that was only 4 years old. We couldn't refi our house, and were turned down for an auto loan.

 

We finally flew to CA and hired an attorney to petition the judge that presides over that agency. Only then, did we get the records corrected and all three reports cleared. From start to resolution, the whole issue took about 2 1/2 years to resolve.

Edited February 11, 2015 by tmcgill

[Aahz]

Hoping for a little luck, karma, or anything positive the universe is willing to provide.

[tsparks33]

Good luck with your contacts. Your problem is very familiar, as my ex-DH and I went through the same thing with California a few years ago. We were living in New Mexico at the time, and made several trips back and forth, writing congressional reps, trying to work with agency personnel, sending the CRA disputes and sending many letters but nothing changed. We were stuck in the same bureacuracy, and didn't have the CFPB back then. The child support was sent late by his employer, and with added digits. Showing us owing $99,000 for a child that was only 4 years old. We couldn't refi our house, and were turned down for an auto loan.

 

We finally flew to CA and hired an attorney to petition the judge that presides over that agency. Only then, did we get the records corrected and all three reports cleared. From start to resolution, the whole issue took about 2 1/2 years to resolve.

 

Appreciate the info. I'm hoping it works out with the goodwill request, but am prepared to fight if and when the time comes.

[tsparks33]

 

Hoping for a little luck, karma, or anything positive the universe is willing to provide.

 

 

Thanks Aahz!

[janetweiss]

No advice, but just some observations:

 

You must have a pretty nice EX. I worked with a guy many years back who was paying support, withheld by our employer. The money always posted to her account on the Thursday following payday-Friday. If it did not, his EX would call our work to find out WHY?

 

My DW gets very minimal support from her EX (from OH), and if a full month goes by with no payment, the court contacts his employer to request an affidavit verifying he is still employed. If not, and since a month with no payments has passed, he gets served for contempt and has to appear in court to explain.

 

I could absolutely see how YOU might not notice your employer failing to distribute, as it was coming out of your check. But your EX did not call you in five months to ask why no money?

 

Lastly, not sure how CA works, but in OH an employer can be found in contempt if they do not submit monies collected within 30 days of collecting. This is to prevent a shady employer from using the funds as his personal slush fund and 6 months and then saying 'oops' and making good on it. If this is truly the fault of your employer, you should be livid, and demanding an answer to how THEY will help you make this right? Do you realize the damage a '150-day late' is doing to your scores? Yes, the staff in HR changed. But you all still got paid every week, right? Your health insurance did not get cancelled? It is the employer's responsibility to plan for and manage management changes to ensure continuity.They failed.

 

Agree with PotO. Your State Rep might be a better first step than the AG. The more backup the better: Pay stubs showing money was withheld; Affidavit from employer verifying it was THEIR screw-up; Printouts of your ledger with DCSS showing your history and that other than this employer screw-up you are a timely payer.

 

Good luck.

I don't bother contacting my EX when payment hasn't been received as I've learned not to rely on it. Not to mention he's a pathological liar so I already know anything coming out of his mouth is fiction. I actually prefer minimal contact with him. Every 2 months or so if support hasn't been received for the kids or it's not what it should be I contact DCSS to light a fire.

 

OP, I hope you are able to straighten this out. I don't think the non-custodial should be punished for something out of their control and in my opinion, the employer needs to be punished, not you. I rather enjoy the fact that Cali reports arrears to the CRA's because my EX owes just over $16k. Karma indeed.