child support

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Re: child support

Unread postby Fatheroffour » Fri Dec 01, 2017 9:06 am

You must consider their site advertises nationally but must operate according to state law.
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Re: child support

Unread postby LovingDadof2 » Fri Dec 01, 2017 9:13 am

Honestly, a COLA increase is nothing and not my reason to avoid the State agency (I regret citing that example). The real reason is to stay out of their bureaucratic hairs if possible. I will call ExpertPay and post back if they do automatic COLA increases?

I was originally advised to simply do a paycheck allocation (this is what was agreed to in mediation and accepted by the judge in our MSA). After setting up a trial allocation (I am not paying CS yet and hence why I have the time to figure this out) the allocation didn't say where it was going (no acct #, just the value) so I decided not to use this method.

I went back to my lawyer and was advised to set up a separate bank account for the sole purpose of paying her. This discussions in this thread have me second guessing that idea.

My third and latest option is using ExpertPay as it's one of the State agency's accepted payment http://www.njchildsupport.org/Payment-Options.aspx options. Trying to gain the value experience of this board if they think this will be suffice?

I love the idea of getting it in writing FoF, but I see not option of emailing them on their website (just phone numbers). Ugh...
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Re: child support

Unread postby LovingDadof2 » Fri Dec 01, 2017 9:29 am

As always, you all were spot on. I just called ExpertPay and learned I was working under the wrong assumptions. You cannot use them unless you register with your State agency first. So, I'm back to either: paying her directly via reoccurring bank EFT transfers or getting into the State agency's system.

All the arrears horror stories make me want to use the State agency, but I just can't understand why 2 different lawyers and the mediator in my State all advise to avoid them? They explicitly said stay out of their cross-hairs if at all possible.
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Re: child support

Unread postby Fatheroffour » Fri Dec 01, 2017 9:32 am

Bad advice is rife throughout the system.

Vetted advice based on direct experience is the strength of this forum.
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Re: child support

Unread postby Fatheroffour » Fri Dec 01, 2017 9:36 am

Possible reasons are that this is an issue that may not rear its head for 15 years or more after the fact. They may not have been in the business that long or simply haven't had to deal with it since its typically an administrative issue, not one that's litigated.
The agency says you owe it, you can't prove you paid it, there isn't anyone to sue. You just have to pay it again.
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Re: child support

Unread postby NorthStar » Fri Dec 01, 2017 9:58 am

LovingDadof2 wrote:This would be the best of both worlds, not using the State Agency (avoiding automatic COLA increases) but having an impeccable set of payment records they accept? Anyone have any thoughts?
You need to check on this. If a issue arises the state will use its records for calculations of true amount owed. This should include the automatic increases which would put you in the arrears with interest.

FWIW: In the state of AL.
Every support order issued will include a order to make payment to the state CDC. (Central disbursement center) Any other payment method will be a violation of court order and considered a gift. Accurate accounting will only go to show you how much you gave away.
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Re: child support

Unread postby dad2grls » Fri Dec 01, 2017 3:45 pm

LovingDadof2 wrote:All the arrears horror stories make me want to use the State agency, but I just can't understand why 2 different lawyers and the mediator in my State all advise to avoid them? They explicitly said stay out of their cross-hairs if at all possible.


I've provided at least a half a dozen reasons why for many payors it's best to stay out of the system as much as possible and a few posters have added a few more.

1- You control your own finances as best you can-there's no state agency pulling money out of your accounts that you might not even have
2- By paying yourself you have a bit of a "grace period" if the money isn't there when you're supposed to pay it
3- There may be fees associated with using a 3rd party service
4- Except in the few states that require "certified proof" of payment, it's easy enough to save and produce bank statements if needed
5- Mistakes made with an order or within the system are much more difficult to fix if the state is involved and can require numerous court appearances and additional legal fees
6- Future modifications made by Stipulation between the parties may not require a return to court if they have worked out a direct payment schedule between themselves- and this happens quite frequently such as when one child drops off the roles or one goes to college and the payor is entitled to a credit against child support
7- COLA adjustments may be automatically added if the state is involved, whereas if payment is direct, the recipient may need to file a petition in order to bring an action to increase the support- they might not even bother. I know my ex never did.
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