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awiblish

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Reply with quote  #1 

Okay so I now find myself; once again, in a weird predicament.  I am curious if anyone has a better solution than mine so let me explain.

 

Those that know me know that I recently went through a modification proceeding and that I was self represented (pro se).  Overall the outcome went well.   The problem now is I was ordered to pay child support; the same as before but now through the state of Iowa, to the Collections Service Center in Des Moines.  I am to pay the amount of my support plus an additional $100 monthly towards arrearages.   Sounds like no problem right?  Wrong.

 

I sent a check off to the Collections Service Center and more than a month went by and the check never cleared my bank.   Concerned, I called them.  They told me that there was no case set up in their system and that the attorney or the clerk of court usually sends over the paperwork.  Sufficient time has passed for such action to be taken, so I say I will send a copy of the order as well just to get things moving.  I did that.

 

Today the check still has not cleared my bank, and I called back.  This time I am told that I am still not in the system.  I inquire further and am told that unless the court directs mandatory income withholding, my former begins receiving public assistance, or my former initiates a case (and pays a fee for this) that they will not collect child support for the state.

 

My order does state to pay through the Collections Service Center, but it does not direct the initiation of any income withholding or actual collection efforts against me.  Truth is I would rather not involve myself with CSRU because I just haven’t heard good things about them from other NCP’s. 

 

So I am thinking I am just going to mail checks directly to my former.  I will maintain copies of the checks after they clear my bank; of course, as proof of payment, and state clearly on the check what the money is designated for.   I am trying to get a letter from CSRU stating exactly what I was told on the telephone just in case the issue ever comes up as to why I didn’t pay through the service center.

 

I’m open for suggestions here if anyone has any advice that may serve better than my current plan.  This whole situation reinforces what I have said about CSRU before.  They are not your friends.  They are a collection agency with their sites aimed right on the NCP.   If you’re not in default they are not interested in you.

 


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sarl

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Reply with quote  #2 
How ironic it is that I found your post today. I, myself, just went through a modification and luckily at the last minute settled out of court.

My attorney wanted me to start paying the child support as the law, which I believe states paying through collection services center even though my ex wanted me to continue to just pay her directly. I was weary of paying her directly as I know the courts do not count this as child support.

However, I was just about to contact collection services this week as the support is due on the 15th of every month and I have yet to recieve the paperwork that my lawyer advised they would send.

Now, after reading your post it seems we are both in the same position. I am very hesitant to pay my ex directly as that is NOT what my stipulation reads.

Any advice from anyone would be very helpful.
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Reply with quote  #3 
I cannot say personally, but this is not the first time I've heard of this happening. In those cases they paid the former and when CSRU got on the ball they did not count the payment to the former. I don't know if the clerk of court is the way to go or not. I think I would ask to speak to the judge at order hour and ask for help or direction. At least if the beast (CSRU) had a problem  down the road, you may have someone on your side. Sorry, best I can think of at the moment.

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awiblish

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Reply with quote  #4 

Well in my particular case I think; unless I get a really good idea, I am going to pay her directly.  It is apparent though that the burden of maintaining good records will fall on me.  If for some reason CSRU does get involved later; although I kind of doubt my ex will start a case with them on her own, I should be able to easily show the court bank records of payments made to her.

 

I realize this will most likely be another court hearing and not something that would get settled through the service center.   I only have five more years of payments left anyway, and it can most likely be agreed upon between us; once she sees I have records, and likely settled outside of the court room.

 

I don’t really mind the idea of keeping CSRU out of this.  I just read another post from a different string where someone has satisfied there judgment for one child and is having a terrible time getting CSRU to stop his child support garnishment.

 

I must say when I spoke with them they were friendly and seemed like she was attempting to be helpful however, I questioned the competence of the persons I spoke with.

 

Good to know, I am not the only one having this problem.  If you find out any new valuable information please post it.  I will do the same.


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homesellerpatrick

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Reply with quote  #5 
I wouldn't send the check directly to the spouse either...What I WOULD do in your situation is to first, set up an separate savings account.  Then, I would send the check to VIA signature receipt to the address given on the order....

You will have record of your attempt, you will have the monies when they catch up from their mistakes....I know it's not getting to your ex but you're just the tip of the iceberg when it comes to mistakes they make...Unfortunately, you're somewhat of a labratory animal or "guinea pig".....One of many reasons why the State shouldn't try to become a 4th branch of govt. and meddle in the lives of families.......

CYA and remember your documentation dosen't necessarily mean the judge that hears you plead your case will be in a good mood when you ask for credit for the payments you made to your ex...your call, your chance to take. 

After a couple of months of placing the monies in savings and copies of receipt of delivery with proof of no deposit I would walk into order hour and request the courts amend the order and allow you to pay directly to the mother........and receive credit....it's not currently in the order so your "ideal" method isn't required to be recognized by the court.....remember, they make the rules.......even if it's as we go along....

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Reply with quote  #6 

I would send a certified letter to the Collection Service Center about your problem.  Request a written response from their office within 20 days.  In the meantime, I would make the current child support payment through the Clerk of Court. This way there is a record!


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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  #7 
I also suggest you write a formal complaint to the states ombudsman, they are the quasi oversight organization for state funded administrations, they rarely help but it is always good to let them know what is going on.

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awiblish

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Reply with quote  #8 

I did send them a letter and am awaiting a written response.  A certified letter may be a little more difficult; although still possible, as I am overseas for a while.  I will contact the Clerk of Court though and see if I can make my next payment through the clerk.  

 

I am pretty confident I can get it worked out, its just difficult do to from Iraq.  Although I have mailed the last two payments directly to my former I am going to maintain copies of the posted checks and the bank statements.  I have a separate account that is only used for the payment of child support so it is pretty easy to do.   I also clearly states in the memo portion of the check exactly what the check is for an placed an agreement on the endorsement portion on the reverse side of the check that states:

 

Endorsement certifies receipt

of child support as ordered by

the court in DRCV025646,

Iowa. This check does not imply

payment in full, but in part, or in

installment.  This check is not a

gift, it is a payment as ordered by

the court.  This check is legal

tender and binding.

 

 

I don’t think I am ready; at this point, to contact the ombudsman’s office.  I didn’t get the feeling that the folks at CSRU were intentionally trying to give me the run around, more like they just didn’t know what they were doing.   To be quite honest I don’t know exactly what the requirements are on CSRU to collect on my case as it stands right now either, yet.  I’m not ready to start a conflict without the facts and outline of the law in order.

 

No one is accusing me of not paying my child support; and I have no issues with paying child support, so would a collections center be appropriate?  Documentation and records can be maintained by the payer and the payee.   I query if the clerk will accept a child support payment since they are certainly not required to.

 

Well I am going to quietly and tactfully keep nosing around to see what I find out. I’ll keep everyone posted. If anyone else discovers any fact relating to this thread please post it.


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awiblish

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Reply with quote  #9 

I have found an answer, and I was wrong.  All orders for support must be paid through the clerk of court or the collection service center.  Payments not made through those channels will not be counted towards satisfaction of your judgment.

 

I had some time today to do some research and found Iowa code 598.22 “Support payments — clerk of court — collection services center — defaults — security,” which states: “All orders or judgments entered under chapter 234 , 252A , 252C , 252F , or 600B , or under this chapter or any other chapter which provide for temporary or permanent support payments shall direct the payment of those sums to the clerk of the district court or the collection services center in accordance with section 252B.14 for the use of the person for whom the payments have been awarded.”  It goes on to say “Payments to persons other than the clerk of the district court and the collection services center do not satisfy the support obligations created by the orders or judgments…”  It goes on to list exceptions however, they are not common.

 

252B.14 “Support payments - collection services center - clerk of the district court” says “5. If the collection services center is receiving and disbursing payments pursuant to a support order, but the unit is not providing other services under Title IV-D of the federal Social Security Act, or if the order is not being enforced by the unit, the parties to that order are not considered to be receiving services under this chapter.

6. Payments to persons other than the clerk of the district court or the collection services center do not satisfy the support obligations created by a support order or judgment, except as provided for in sections 598.22 and 598.22A .”

 

Having read that, it appears that the law is clear, leaving me with more questions.  Why was the Collections Service Center representative I spoke with on the telephone not aware of this law?  It directly impacts how they do their jobs.   So I guess that means I must read 598.22 and 598.22A.

 

Again, here I was amazed to read “598.22 Support payments — clerk of court — collection services center — defaults — security.” “Payments to persons other than the clerk of the district court and the collection services center do not satisfy the support obligations created by the orders or judgments…” It goes on to list some uncommon exceptions dealing with social security payments.   I don’t want to stop here check out the next quote from the same block of text: “All orders or judgments entered under chapter 234 , 252A , 252C , 252F , or 600B , or under this chapter or any other chapter which provide for temporary or permanent support payments shall direct the payment of those sums to the clerk of the district court or the collection services center in accordance with section 252B.14 for the use of the person for whom the payments have been awarded.”

 

Here is my favorite.  If you read anything on this posting read this from 598.22(3) “Unless otherwise provided by federal law, if it is possible to identify the support order to which a payment is to be applied, and if sufficient information identifying the obligee is provided, the clerk or the collection services center, as appropriate, shall disburse the payments received pursuant to the orders or judgments within two working days of the receipt of the payments.”  Did you catch that TWO working days!

Now that I have done a little homework and found that it is clearly posted all over Iowa law who you need to send you money too I cannot help but wonder why it is so hard to get them to take it.  Are they trying to force you in to default?  For a lot of people its pretty hard to sit on several months of child support waiting for the Collections Service Center to figure out how to do the job they are supposed to be experts at.  Lets not forget about the child who is “dependant” upon those monthly checks.

 

In conclusion I have found that the person I spoke with at the Collection Service Center either was incompetent or outright lied to me. So I will be stopping payment on the check I mailed to my former as it would do more harm then good if she cashes it.  I think I will call the Clerk of Court to see if they can offer any guidance, and await the Collection Service Center to figure out that I owe money.  In the meanwhile all the child support is collecting in a separate account used only for this so when the money comes due I will be able to pay.  I have sent them a letter in writing asking them to create a case and included a copy of the court order.  I think I have done everything that could be expected of me.


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leglegl321

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Reply with quote  #10 
I would not wait for the very slow bureaucracy to try to catch up with paperwork- if they never catch up, they don't get hurt-you pay the price.  So you need to do the right thing.  First, do not sequester the money in a separate account.  Send the check to the Clerk of Court, and indicate very clearly on the check the case number from your legal papers.  Send in all amounts present and past due, and if there are past due amounts, then incluce a letter stating exactly what the payments the check is supposed to cover.  Then it is the Clerk's responsibility and problem how to deal with it.
 
As for payments made directly to the ex- that can be a bit of a problem.  Hopefully your ex is reasonable.  You will need to get her to sign a Partial Satisfaction of Judgment, stating that she has received X amount of dollars as partial payment for the court judgment entered on date X-X, 2008 (or whatever).  Once signed, then file that with the Court.  If she refuses to sign, then you got a problem....
awiblish

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Reply with quote  #11 

Okay well here is where I am at.  Hopefully it is as simple I was just told.  I called the Clerk of Court and simply explained what’s happening and asked her what would be the best way to comply with this order.

 

She told me she can do a “push” through the computer and send another copy of the order and I should have a case number in a few days.  She said she would take care of it.  She sounded as if this wasn’t the first time she encountered this problem and she knew exactly what to do.  So I think it can wait a few days until I get a case number.  I’ll call the Collections Service Center sometime mid next week and find out. 

 

Thanks for all the suggestions though, and hopefully this information can help someone else.


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ironeagle

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Reply with quote  #12 
I'm wondering if you may be having two problems. The first is if your ex didn't sign up for collections under the c.s.r.u that could be one reason why the collection services center doesn't know what's going on and two the c.s.r.u. as I understand it (I may be wrong), uses the collections services center, only to handle cases that at some point have been garnished, so if you have not been garnished and have always been caught up that could be the second reason why they are saying they can't take your case.

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homesellerpatrick

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Reply with quote  #13 

Welcome to my world...I begged CSRU to ALLOW me to pay child support for my son...instead I was challenged with establishment for paternity and two paternity tests later I am not OFFICIALLY the father...although both paternity tests are on record with the court.....I am back on child support since December 07 because I couldn't get the court to put the gavel down...I'm sure they hate that I live here now...I am looking forward to the motion to continue from my ex's attorney July 15th...


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"DESIRE IS A WISH WITH WINGS OF IMAGINATION AND FAITH"

A "good" parent will never deny a child the ability to freely love and bond with the other parent. It a moral crime of immeasurable proportion to interfere with a child's natural instinct to cherish and rely on strong ties to each parent.
awiblish

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Reply with quote  #14 

Responding to the previous post, no my former has not sought assistance from CSRU, but I do owe an arrears balance.  My case was originally filed in Nebraska 11 years ago, and was modified in Iowa.  Iowa is now to collect child support on the mother’s behalf, and arrangements for payment of the arrears have been made and ordered by the court.

 

It seemed to me from speaking to the Collections Service Center that; at least the person I spoke with, wasn’t sure of how a case like that would be handled, so she told me what she thought she knew to be correct.  As it turns out she was not correct.

 

When I contacted the court they were more than helpful and was able to; hopefully, remedy the problem. 

 

CSRU would not be involved because my order does not include language requiring mandatory income withholding, my former is not a recipient of public assistance, and she has not applied for the services of CSRU.   The Collections Service Center is identified by code; as well as the clerk of court, as the processor of all support payments.  Therefore it is the duty of the CSC to accept and process any and all child support payments ordered by the court.

 

Patrick I think in your case they would not be able to accept payments because you had not yet established an order from the court requiring you to pay child support.  CSC or CSRU could not be expected to predict the courts ruling on support or even ask you to pay support on a child where paternity has yet to be established in a lawful form.  You could; however, simply estimate your child support obligation and set aside the money so if/when judgment is made by the court and you are required to pay expenses such as arrearages or medical you have the funds set aside to do so and can satisfy that portion of your judgment.  

 

Regarding back child support; and I am not certain you would have to look it up, I believe the court is restricted to ordering a maximum of three months back support from the time paternity is established.   If I am wrong; even in part, and someone can post more accurate information please do. I think I remember seeing that in the code somewhere, but didn’t retain the location as it was not applicable in my case.


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sarl

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Reply with quote  #15 

I also wanted to add what I found out on Friday. I went to the courthouse to see the clerk of court as I was in the same situation awiblish. At first, the lady told me that I had to contact CRSU as that is what my modified order stated. She was going to turn me away when I told her that my attorney told me that I could pay through the clerk of courts b/c on my order it does not state mandatory income withholding. She went and got assistance from somebody else that worked there and they told me I could pay through them. So, I filled out paperwork to have them take out the specified amount every month from my checking and they will then forward it on to my ex. It actually seemed easy enough!

ironeagle

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Reply with quote  #16 

so if your decree doesn't say mandatory withholding then you can pay to the clerk of court not csru? Is that true if you owe arrears too?


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sarl

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Reply with quote  #17 
Yes, that is what my attorney advised that since I do not have mandatory income withholding, I can still pay to the clerk of court so satisfy my child support records.

I am not sure about if you owe arrears...



 
ironeagle

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Reply with quote  #18 

let me know if you find out. I'd preferr not to do any business with csru if I don't have to.


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awiblish

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Reply with quote  #19 

Yes according to Iowa code child support may be paid through the clerk of court, or the collection service center.

 

I have an update to my particular situation.  It has been resolved.  Here is what I did and a recap.

 

I was ordered to pay child support to the Collection Service Center, my order did not include the words mandatory income withholding.   Therefore CSC did not automatically set up a case to pay through.  What I had to do was send a copy of the order to:

 

Central Registry

PO BOX 9218

Des Moines, IA 50306

 

Along with a memo explaining what needed to be done.  I also contacted the clerk of court who sent them an electronic message explaining the same.  It took CSC about 45 days to actually get it set up once I did this.

 

Give them a little time and call 1-888-229-9223, option 1, then 0, then 1, then 6 and you will get a live person.  They will verify your information and give you your case number once it has been set up.  You may then begin making payments to:

 

Collections Service Center

PO BOX 9125

Des Moines, IA  50306-9125

 

When calling the toll-free number mentioned above to get to concerned with what the person on the other end of the phone says.  I have discovered they often don’t know what they are talking about. I wouldn’t ask them to do anything for you as they will probably just screw it up.  Just ask for your case number and get off the phone with them.  When sending your payment be sure to include your case number.


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swalker

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Reply with quote  #20 
I know that my wifes ex sends his CS payments to the Clerk of Court and they forward it to the CSRU. He does have to get the payment there on time because it does take longer going this route and he has been late because of it several times.
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Reply with quote  #21 

Hmm sounds a lot less complicated to just leave mine the way it I guess. I just don't like the unit. And how many agencies in Iowa do we have processing child support anyway who the heck is the central registry?


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