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DaddyTJ

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Reply with quote  #1 
Yeah, I now have a new job that I started this week (I was working briefly at another place, but that was a nightmare of a job) and I get notice that they are taking child support, which isn't a big deal. Today I get notice that they now want to take half my bank account until child support is paid up in full as I'm $6000 in arrears and most of the money in my bank account belongs to my girlfriend (joint account) and we live week to week, meaning that if they take any part of the account, we can't afford to live in a cheap apartment like we do now, we can't afford to eat, we can't afford gas to get to work. Is this even legal? I mean they're already going to be taking $400+ a month in child support. What gives them the right to take money that isn't even mine, per se? Why don't they just take my entire f*cking check period? That's essentially what they're wanting to do and more!

I understand I have 10 days to get back to them and try to resolve this, but it's like I don't even have the right to have a bank account at all. I mean, they just NOW do this and I've had this bank account for almost a year. What can be done besides take my name off the account which means I either have to carry cash or have my girlfriend there whenever I need gas or anything else. It completely makes me sick and quite frankly pisses me off royally. Any help would be appreciated. Thanks!

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Reply with quote  #2 
'Why don't they just take my entire f*cking check period? That's essentially what they're wanting to do and more!"


Don't forget, they'll take anything they can get their grubby little CSRU hands on, they'll accuse you of being able to take a job that is entirely beyond your abilities, using *cute little phrases* like "capable" and such.

So, I can still climb a ladder up about 8 feet to clean my gutters, but am I supposed to be able to climb up a 2000 foot television tower to clean out a birds nest?

Makes no sense.



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DaddyTJ

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Reply with quote  #3 
I take that back, I'm extremely pissed off now. My girlfriend woke me up 20 minutes ago bawling her eyes out. Our bank account was debited $180 on 9/26/07, thus meaning that there are bills out due immediately that we can't pay, not to mention the checks that were still out there, etc. I don't get paid for 2 weeks, she doesn't get paid for a week, rent is due. I could go on, but you don't care what bills we have that are due.

Here's what I'm getting at.

On 9/26/07, CSRU mailed a letter out to me. I get it on 9/27/07 telling me (verbatim) that:

After your financial institution receives a notice to encumber the amounts listed above from your account, the institution is required to forward the encumbered moneys no sooner than 15 days, and no later than 20 days from the date on the notice to (then gives the address).

My bank pulled money out the day it got notice, not 15 days later. So I a) have to call CSRU to get them to stop pulling money out of my account, but b) try to get the bank to put it back before I take my name off the account.

CSRU isn't just punishing me at this point, they just took part of my girlfriends paycheck. They took money reserved for bills that are already past due. Her paycheck next week is basically spoken for between rent and daycare, so we have no money to get us by until I get paid. Oh and between now and the time I get paid, I have to a) pick my kids up which will use 3/4 tank of gas and b) drive to my National Guard unit in Boone (from Reinbeck) which will basically take 3/4 tank of gas, not to mention food cost for the night I have to stay down there. Oh and we both work in Waterloo/CF, so we'll both use one tank of gas to go to and from work all week.

I am extremely pissed off right now. I'll probably post more once I get off the phone with CSRU.

DaddyTJ

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Reply with quote  #4 
So here's what I'm getting out of CSRU.

If you're behind by more than a month of child support, you've failed to pay child support for 6 months or you've failed to pay the whole amount and your bank account equals more than $100, they have a right to half of it, how often I don't know, but they're equal to half of it.

I just don't see how they can legally do this.  I was told that I have to submit a request in writing to my local CSRU.  I told them that wouldn't help keep checks from bouncing, that wouldn't help put food on my table, etc.  There's nothing they can do until they receive this challenge that must be written (like me yelling at them over the phone wasn't challenge enough).  I just don't know what else to do.

Chad

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Reply with quote  #5 
Calm down, yes CSRU is way out of controll, but fortunatly you have options.
1. close your bank accound fast and open a new one in your girlfriends name only.

2. as far as the back support goes talk to a lawyer, but your pretty much doomed to romen noodles because your check will be gone after they are done with it.

3. talk to a case worker if you get one of the rare decent ones madey you can work out a payment plan so that you can still eat.

4. Remember that CSRU dose not care whether you eat or not they do not care weather your child eats or not. they only care about getting as much money as they can so that they look good.

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Reply with quote  #6 

Have you talked to CSRU about a payment plan to get caught up?


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
Big_Eric

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Reply with quote  #7 

Here's how to get around this. Get your name off of the account, and have your girlfriend get two debit/check cards. Let her give you one and then you can use the card to get your gas or even go to Wal-Mart if needed, as long as you use it as a debit and use the PIN number, or pay at the pump gas stations. We did that here for some time. Yes, it is a pain in the rear end, but it's less of a pain than other options. Remember, just because your name isn't on the account, doesn't mean that you can't add money to it. Just sign your name to your check and sign hers below it and drop it in the bank. Use your ATM card to get your cash. The question is, how well do you trust your girlfriend? The only bad part of doing things this way is she could cancel your card and you're SOL. Just an option to think about. Oh, you can also have your paycheck direct deposited into "her" account too. My wife had her paycheck direct deposited into an account that had my name only on it. Until they change the rules about depositing only in an account with your name on it, or sharing or lending Debit-Check cards, this option will remain to us "criminals".


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ironeagle

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Reply with quote  #8 

This may be an 'after the fact' option but I highly reccomend that you dispute the validity of C.S.R.U's actons in court. Federal law mandates that a child support collection agency is bound by the SAME laws of all other debt collection agencies in the state that uses them. this means that the C.s.R.U does not have the right to garnish more than I believe 10 or 20 % of your paycheck and can only collect up to $250.00 a year in garnishments of both your paycheck and bank (combined) if you make less than twelve thousand dollars a year. You have the right to defend your money and property and you can file suit against the state and C.S.R.U for violating federal mandate that does not allow them to have spacial privledges to take 50% of your paychech or of your bank account. You should also read my sections on "I challenged C.S.R.U" and "Demand Separation of C.S.R.U" .


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DaddyTJ

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Reply with quote  #9 
Well, I drove down to CSRU in Waterloo today simply because I don't have long distance and couldn't call them. I challenged their garnishment of the bank account, which is just frozen at this time. I got a message on my phone today telling me that I can dispute it as long as my girlfriend could prove that it was entirely her money in the account and it was used on her, which would be difficult, but possible. I did work at another job for less than 3 weeks. It was such a horrible job that I quit as soon as I got another, but I don't believe that the direct deposit will show it was for me, I believe it just shows that it was direct deposit, so she could say that it was a part time job of hers. At least that's what I'm hoping.

For those in Waterloo, I spoke with Becky Havlik (she has a dual last name actually) and she was extremely nice and understanding, so if you're lucky enough to work with her, then be nice. She told me to challenge it and she would see what she could do to get that money put back in the account ASAP. I told her that basically I wasn't allowed to have a bank account because I'm in arrears (approximately $6500 between both my children with over half of that due to my oldest daughters mom) and that I'd have to take my name off the account which could be easily done so they don't take money anymore. Basically what I will have to do is take my name off the current account and we were planning on opening another account anyway for every day use and my girlfriend would use the other account as a "business" account for her Avon. The account she opens will have my check direct deposited in it and we'll have to get multiple cards for it.

It just hasn't been a good day and Becky Havlik was real nice about everything and was so much better to work with in person than those stupid people on the phone when you call the 800 number. I can't really afford to get a lawyer involved over $180. It'd cost way more than that for them to get this straightened out and it doesn't help us get that money back any sooner. It's bad enough that since I'm in the National Guard too, they'll take most of that check too. I can get the garnishment stopped on that, but not until I get my first check from my current employer. Basically, once I pay for gas and food for this next up coming weekend of drill for the Guard and then they garnish it, I won't have any money left out of it. It starts out at $160 before taxes and life insurance and I normally make about $100 after that. Take $35 away for gas and then the garnishment and I made nothing basically (I understand they can only take 50% of that, but still.)

It's just really frustrating and we'll still probably have checks bounce. I'm hoping I can talk my brother into loaning me some money when he gets paid Monday (he'll actually never miss it since he's in Kosovov right now with the National Guard), but I don't know if he'll let me. My frustration boiled over into work and I wasn't in the greatest of moods. I'm a sales consultant with a company selling DirecTV over the phone and am in training right now. I could almost imagine how bad a salesman I'd be if I were actually out of training on the phones right now.

Luckily for me, I don't just make a base salary. There's certain kickers and such I can make there for hitting certain goals which could mean that my paycheck rather large when I get it, but it also means that it varies. Basically the kickers are like a waitresses tips. She gets her base salary (at least mine is over minimum wage) and whatever tips she gets if she's good. I'm the same way. The better salesman I am, the more I make. So I could get caught up quickly on bills, but it doesn't help the current situation.

Thanks for the advice and please, keep it coming because I think I'm going to need it.

seaman

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Reply with quote  #10 

My husband and I went through this twice when he was behind.  The first time we lost.  The money in this account was mine, but CSRU said it didn't matter who put the money in the account, if it had his name on it, they would garnish it.  The second time he was already paying his child support, plus paying extra over $100 per month for the arrears.  We won this time when we fought it using the argument that he already had extra coming out for the arrears.  Of course, this was only by going to a supervisor in Des Moines. 

ironeagle

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Reply with quote  #11 

Well the real problem is that the unit doesn't have a limit for how much they can take out in back child support. To me it's double jeapordy when they take 50% of your check, but then if you put what's left in an account (which has already been taxed and garnished) they take out whatever else they want too. This needs to be stopped. This is the reason why child support recovery units should not be allowed to take money from an account.


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Chad

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Reply with quote  #12 
CSRU is acting way out of their bounds. third world dictators wish they had as much power. They can change court orders without a hearing or even telling you they are going to do it. they can rob, and steel from you, they can take your means of making a living away from you. Pretty much like the fuedal lords of the dark ages they are free to raid and pillage as they please.
only the pheasants will only put up with so much untill they find a way to unhorse the mighty raiders.

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When you implement “from each according to his ability, to each according to his need,” magically, everyone starts having quite a lot of need and very little ability.
ironeagle

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Reply with quote  #13 

I'm in agreement, we must convince our state and federal representatives to separate C.S.R.U from the government. Too much power with zero oversight, zero representatives for the people ordered to pay child support, the advisory committee only meets every four years, no state funding for support groups, none of the employees or supervisors are voted into office, no retention option, ec, etc. This equals no wheights and measures, no checks and balances.


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outraged

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Reply with quote  #14 

I dont know much about it, just what i have read on this site but, isnt there some type of group lawsuit we can all file against CSRU? 

RJL

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Reply with quote  #15 

eventually you won't be able to do what you have to take care of it because you won't have gas for your car or a place to keep your papers, won't be able to make photocopies, pay court fees, and I bet the court date is months off. how do they expect us to maintain anything. right now i am in the process of digging a very deep financial hole. figure i'll work till i'm dead just to keep a roof and groceries. the car is a risk on the road. this is my american dream -- to work till i'm dead

awiblish

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Reply with quote  #16 
National Gaurd Huh? !!!!  Get with your battalion finance NCO maybe he/she 's got some tricks that can help you out.  Also get in touch with JAG they might be able to help you out with that too, your not the only soldier to get nailed for child support.  Theyve got ways to get it straitened out.  If you have a deployment comming up and you activate maybe an AER loan or something could help you get caught up with your arrears.  Try contacting Army One Source they can put you in touch with an attorney for free at least to talk to on the phone and get some direction. HOAHH!


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ironeagle

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Reply with quote  #17 

I wish I knew how we would fund a lawsuit, with all the money that we don't have right now. I really believe we need to protest and make some public appearances against child support recovery. I'm not a believer in child support (as a monetary debt paid to the benefit of an ex spouse)but even if you are we all pretty much agree the tactics are too harsh, the court hearings are long drawn out and unfair, and their ability to sanction licenses and order the D.O.T and United States Customs around to sanction passports, is completely out of control. I want to see child support recovery separated from the states and federal governement. That would probably require an amendment to the constitution, which would be almost impossible to get because the states make too much money off of us. I'm not sure I see a way for us to win because the people we would have to rely on to give us justice are all earning money off of us.


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awiblish

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Reply with quote  #18 

Thats exactly the problem, our poverty is there paycheck.


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DaddyTJ

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Reply with quote  #19 
awiblish, you know the downside to that? One of the JAG officers for the state of Iowa is a Black Hawk County judge (Judge Stigler is a Colonial I believe with the Iowa National Guard). Judge Stigler is actually who presided over my divorce a year and a half ago. I can check with my finance department (one of the guys in my unit actually works full time for the finance department at Camp Dodge as does our Brigade Commander), but I don't know if it will help much. Unfortunately but fortunately, our unit isn't scheduled for a deployment until late 2008 or 2009 and even that is tentative.

I was actually able to recoup the money that CSRU took out of our account. Since it was my girlfriends money, they got it back to us in less than a week, which shocked me. What didn't make any sense at all was that they left a message for me telling me that they released the funds back into our account, however since I made a whopping $106 dollars in September (prior to starting this new job), they wanted me to send them money prior to getting my first paycheck with the job I'm at now. It was $106 dollars that I got over a month ago. Are they really that stupid to think that there's ANYTHING of that left? I'm not paying them any extra money. They can just simply take it from my paycheck this week and be happy. Probably Friday morning, I will be going to the bank to remove my name off our joint bank account and she will be taking my check to a new bank on Saturday and opening up another account (we dislike our current bank anyway) and getting two debit cards. My checks will then be put into that account and she will use the old account for her Avon business and as a savings account.



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Reply with quote  #20 
Quote:
Black Hawk County judge (Judge Stigler is a Colonial I believe with the Iowa National Guard) 

Sounds like a conflict of interest.

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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
ironeagle

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Reply with quote  #21 

I don't understand the authority to take money from your bank account anyway. If the law limits them to 50% of your income, then why should they be allowed to take money from your account when clearly that money has already been garnished at 50%?


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Chad

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Reply with quote  #22 
No by state and fed law they can not take your bank account unless it was obtained by selling drugs or other illegal means. last I heard going to work and saving a buck is not illegal. So again CSRU is oversteping their bounds and operaitin outside the law. They are the true outlaws and should and will one day be brought to justice. They legaly can not take more than 20% of your take home pay to pay a debt or judment against you. so again Child support and CRSU are operaiting outside the law. You have no leagal obligation to pay more than 20% of your income no matter the amount of the award so even the orders almost all of us are saddled with are against the law.
So why do they do it?
No: it's not to provide for children most NCPs can do that better then the CP or the state.
NO: its not because they care about womens rights or single moms/dads. they couldn't care less otherwise they'd see that 50/50 custody is easier on them.
NO: It's not because they believe that they are doing the right thing.

It because they want to show that they are actually doing somthing other than sittin on their butts costing the taspayers money (unnesesarlily i may add) They get matching funds for every dime they get so they will shake every last penny they can out of you. They don't even give a dang if the CP gets any of it as long as you pay.

Taxpayers you are getting fleced by CRSU its time you speek out about the wasteing of your money. hundreds of thousands of children can be fed just by the money waisted by this beuricracy and you could keep more of your check.

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ironeagle

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Reply with quote  #23 
Chad, I totally agree with you! That's what I was saying in the "I Challenged C.S.R.U" thread I started, I mentioned that as well, that both federal and state law prohibits any garnishment to exceed 20% of income and that there is a yearly limit as well. What the state of Iowa did was, defy the original federal law (that stated that C.S.R.Us are to follow the SAME laws of all other debt collection agencies)by writting "special" laws for the units that allowed them to violate the federal law, to take 50% instead of twenty and to take any amount total per year.

This is the reason I suggested that we all demand that C.S.R.U and unit's like it, should be federaly and, by state, separated from the government. You can read my opinion on that in my "Demand Separation of C.S.R.U" thread.

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