I, the father & the non-custodial parent, was not behind on my support payments, but the custodial party and I often disagreed about rather I was current or not.
I opened acase with the Loma Linda department child support services at the office in San Bernardino County, California so that I may have his wages garnished by the state to better help me budget and meet my obligations to the non-custodial party, help track the payments to avoid future disagreements with the custodial party.
This is where the nightmare started. I don't think that the dept. Of child services is designed to help co-operative custodial parties.in my opinion, they automatically assume that the non-custodial parent is the party in the wrong. I received little communication from them after I opened the case. However, they apparently sent paper work to the non-custodial party. One of the forms queriedthe non-custodial party the amounts of support that have been paid. However, they did not accurately account for each payment.
Why was I never given a copy of the financial forms submitted to the other party so that he could verify their accuracy?
Why was I never notified of the date and amount that was going to be garnished from my wages for accuracy?
Why is it up to me, who is the one responsible for and making the payments and opening the case made to prove that the financial forms submitted by the other party are not accurate? Why don't they have to demonstrate that the amounts she listed are correct?
Why am I not getting an opportunity to present his proof of payments?
Therefore, I am now shown as to have arrears. I would not have even known, except that I filed a formal complaint because the amounts they showed were ordered for payment were way off. When I called, I was sent to my "assigned case worker" who never returned my calls. When I wrote, I never received a response back. After paying $60.00 to the courts for two pieces of paper that demonstrated that the amounts where shown I was able to straighten that part out. I then received an accounting and to my surprise, it showed I had arrears.
When I called the person at the DCSS that helped me with the first problem, he was less than helpful with the second. I have hard proof in the form of clearly indicated canceled checks vs a form that the non-custodial party filled out themselves. It would stand to reason to me that the hard proof would outweigh the hand filled form, filled out by the party who benefits from the improper figures. But he explained, he sent the non-custodial party another form and he must wait for it to be received before he can make any adjustments.
I don't understand. If I can prove that the first form is not correct with physical proof, why can't they at least change the amount of the supposed arrears from they felt was good enough to start charging me interest for and taking from my pay? So now, I will continue to have an improper amount garnished from my wages, until the party who has no motivation to move fills out the form (s) again and sends them back. The process seems heavily in favor for the custodial party. I was the one who initiated the case to do what was right, yet I am the one that seems to be punished for doing so. I was readily available to be contacted and kept inform, and co-operative, but none of this occurred.
So far it has cost me about $100 in bank fees to request copies of checks and countless hours. I am not blaming the custodial party, although they were not accurate in their reporting, but the entire process. I need help to find out what my rights are to help expedite the process.
I thought the law was "innocent until proven guilty". But in this case, its guilty when accused and you must fight to prove your innocence. But, there isn't anyone I can find who is in the position of helping that will take the time to listen and help.
0 comments