Another Example of How States Help Themselves…
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…while screwing so many others in the process.
I pay child support. I’ve always been current except when matters created fictional arrearages, afterwhich, I would immediately make a lump-sum payment to settle up the matters that were before the court (finalizing any changes in circumstances). I’ve prided myself on staying current whether I agree with the formula for calculating the number or not and whether she wasted the money or not. I’ve never been “put into enforcement” except by error on the part of domestic relations which was immediately corrected.
I hate wage garnishments. For me it would be like having a scarlet letter. “Can’t be responsible enough to pay on your own, you gotta have it taken from you by the state gestapo!”
Unfortunately, given the pure genius that is the folks that find new and interesting ways to: collect more support than necessary, fraudulently puff up those who are “deadbeats” behind in their payments, and make their own jobs easier - the states will find a way to get into your business and, of course, fuck it all up.
The recently enacted law of my terrorland makes wage garnishment mandatory - whether you are behind in child support or not. If you’re in the system - you have your wages garnished. That’s the new rule. So much for the scarlet letter. Now we’re all on garnishment. Not just those struggling to make a life for themselves while paying often incredibly high child support for the alleged “basic needs” of the children.
Additionally, they’ve taken to billing you a full month in advance rather than the old method of billing you according to your pay period. On the surface, that seems like a great idea. They’re streamlining it. Everyone on the same cycle… well, all except for that “in advance” part.
Finally, they’ve enacted automatic support modification orders to your employer when something changes. Herein is where the complete clusterfuck takes flight…
I discover this because when the new order was put in place for my situation, it included an additional $20/month for “arrearages.” Me? ARREARAGES?!?! CAN’T BE!!! I call and say, “Hey, dumb child support enforcement people! I’m current and I hereby demand you remove that $20 extra per month off of my order! That’s a new scarlet letter which I have not yet earned the right to bear!”
Okay, that’s not really a direct quote, but it does convey my disdain for the system. They check. Mister-M is correct! They will get right on it!
Then comes the letter a few days later in the mail. They will not issue a new support order removing the $20/month for arrearages because with the “new and improved” changes to the system, you’re automatically in arrears because they bill you in full at the beginning of the month. I’m told when that is caught up, they will automatically issue a new order to the employer to modify the support order to remove the $20 for my fictional arrears.
So now, let’s look at the genius that is these changes and just how many people this affects.
Facts:
Since they bill at the beginning of the month in full, unless your employer pays you in advance for the full month you’re about to work, you’re now in arrears. I don’t think too many workers fall into that category.
- This means that excepting the people noted above, which is probably no people, everyone in my state is now in arrears at least some portion of every month. My guess that statistic will do wonders for the hysteria surrounding how many “deadbeats” there are. With the new system, that figure would be 100% at some point every month unless you’ve paid 2-months in child-support up front.
- This means that in order to never be in arrears, you have to pay 2-months in advance to keep from showing up in the system as having a balance on your account. It’s not paid to the payee in advance. It does comes out of the pocket of the payor in advance. So, who benefits by having either the payor paying a full month in advance and/or by enforcing a fraudulent arrears add-on to the tune of $20/month times the tens of thousands of people - you guessed it! THE STATE!
- Not only does it overstate their necessary collections for which they get federal matching dollars having collected it; because it isn’t paid out, all that money sitting in their coffers collects interest, too! So much for the “best interests of the children.”
Wait! Here’s the real genius of the “system.” THE AUTOMATIC MODIFICATION ORDERS TO EMPLOYERS. Someone hit me with a real good guestimate of what this is costing the state and the employers to maintain this disaster:
The automatic order goes into effect and is sent to my employer’s headquarters for administration. They do what they need to do to get it done. All nice and neat, right? Wrong.
- I’m billed (hypothetically, for the sake of round figures) $1,000/month in advance for my child support payments.
- I get paid twice per month, say… the 10th and the 25th of the month.
- I get $500 taken out each pay.
- My system account shows a $500 balance after the first check.
- My system account shows a $0 balance after the second check.
What happens?
The system sends out a support modification removing the $20/month arrearage. My HQ now has to jump through hoops and administrate the new support order, change everything in the computer system, update the records, change the payroll - everything that needs to be done.
If they don’t follow the court order, there are stiff fines and penalties, etc.
What happens now?
February 1st rolls around and my system account bills me for $1000 in child support and puts me automatically in arrears. This triggers a new support order to add $20/month back into the order.
- By this time, my next paycheck is issued with new amount garnished.
- My HQ gets the new order, and has to put it through the system.
- I get $500 taken out each pay.
- My system account shows a $500 balance after the first check.
- My system account shows a $0 balance after the second check.
What happens?
This goes on every single day. This happens to me every single month. You have to believe every single employer has someone with a wage garnishment for child-support. They’ve streamlined the system and made it a nightmare for employers all over the state.
They’re getting 2 orders per month to modify back and forth for arrearages that don’t really exist.
Imagine how much it’s costing the state to issue, re-issue, re-re-issue support modifications chasing down the fictional arrears? Imagine how much it’s costing companies to do follow-through on these orders under the threat of fines and penalties, many for multiple employees every month?
In the meantime, they’ve upped their collection money which increases the state bonus from the feds. They’ve increased their interest by collecting all this money in advance without having to disburse it. They’ve padded the hysterical stats that radical feminists will use to support their contention that fathers are all willfully failing to pay child-support while floating around the marina in their yachts and taking their 20-something girlfriend(s) clubbing every night in their Bentley.
Everyone else is running around like maniacs trying to cover the asses of those who made these changes that benefit no one but the state.
When I discussed this with the clearly frustrated CSDU clerk, she said simply, “I know this is a disaster. We have so many companies calling and complaining about it but there is nothing we can do.”
Except keep on collecting the cash.
January 30th, 2008 at 3:13 am
I understand your frustration. My Husband has been getting letters from Child Support Enforcement for two years telling him he is has a heavy balance. His payments are automatically deducted because he works for the city. How can he be delinquent when they take the money themselves? In addition, Hubby has gone to the CSE people to ask them where they got the balance from and they have been unable to explain the debt. “You just owe x amount because the computer says so.”
Like we are going to cut a check with out some explaination. We know the reason. His exwife applied for several gov’t handouts that she didn’t qualify for by lying and saying she didn’t receive child support. She got caught and they told her to pay back the money. Of course she didn’t but the debt wound up on hubby’s bill. Like I said, I understand where you are coming from. Good Luck getting it straightened out.
January 30th, 2008 at 4:35 am
Straightened out?
“There is nothing we can do.”
Seriously, they can’t. The law change makes it so. The CSDU can’t change the way they do it because the law says “do it that way.”
Unless someone changes the law, this is the way it stays.
And what motivation do you think they’ll have to change the law? None. The state reaps all the financial benefits while taking none of the headaches.
The machine just continues operating.
January 30th, 2008 at 6:49 am
So who passed that stupid law in the first place? Where are the lobbyists when you need them. Is there someone out there who can pull the right legislative strings to get this corrected. Someone needs to shine the spotlight on this foolishness.
January 30th, 2008 at 9:13 pm
I’m coming from the other end…and it’s frustruating as well. My ex refuses to pay his 50% of the out of pocket expenses. I’ve noticed that sometimes when I call, they refuse to enforce the order stating that he’s a month ahead and I can’t claim anything. Then, other times, he’s a month behind and I can ask for the out of pocket expenses.
This never made sense to me. 1–the order is the order and it doesn’t make sense whether he’s ahead or behind. 2–how does a man who does the minimal get “ahead”? It just didn’t make sense to me.
After reading your article, I wonder if it really depends upon the time of the month when I call and his pay cycles. Wow.
Their accounting methods are also a little bit suspect. I’ve been tracking online and it lists the amount he’s supposedly ahead or behind. Yet, when I received documentation in the mail for a custody eval–the info online and the info they printed out did not match. Online, he was ahead $700, on paper, he was behind.
It’s all very confusing to me. I can’t believe that it’s any more clear to them either.
January 30th, 2008 at 10:29 pm
vamomma,
Knowing what I know of your situation, I may be able to actually help you.
There is a form available that you can fill out and submit to DR for enforcement. You itemize all of the medical expenses and submit copies of the itemized receipts for services.
I believe in the “state in question” - the deadline for such submittals (for the prior year) is March 21st of the following year.
I had to do this last year.
They then send notice that the debt is to be paid within a certain time frame or contempt proceedings will be initiated (by domestic relations).
I think I have a copy of that form on my other PC. I’ll check and, if not, get one for you and send it to you via email.
January 30th, 2008 at 11:05 pm
Unbelievable.
It’s great that the crazy one gets the money. It’s great that the system and everyone involved in it, except the crazy one, has to jump through 8,000,000 hoops to get it all done. At least someone gets PAID.
I wonder, if they’re able to implement this giant cluster across the entire state and force everyone on earth to deal with its ridiculousness, why it takes 500 years and all of the money you had ever hoped to give your children for a college education, to get even remotely close to a judge saying she’s a loon.
The whole system needs an overhaul. And it needs to stop focusing on those who are trying to get it done… and start focusing on those just standing around with their hands out making everyone else’s lives miserable, crazy ex or state either one.
I’m sorry.
January 30th, 2008 at 11:38 pm
Thanks Mr. M!