Home > Lawsuits > State of Califonia and Monterey County child support
State of Califonia and Monterey County
March 23 2005
A class action lawsuit has been filed in the United States District Court Northern California, San Francisco Division, by the Consumer Advocates Rights Enforcement Society, Inc. and Nick Arellano, a child support payor, against the State of California, County of Monterey, et al.
The lawsuit alleges the (1) failure to provide notice and due process hearing procedures with respect to resolving disputes; (2) that defendants unlawfully retain reimbursement for pubic assistance that was not paid; (3) that defendants unlawfully misappropriate and characterize undistributed child support collected and unlawfully transfer that money to its general fund for its own use without appropriate notice and opportunity to be heard to the payor thus depriving the payor of property without due process of law; (4) that defendants unlawfully charged interest and made interest calculation errors such that independent audits should be ordered on defendants' child support collection cases or alternatively that a notice to plaintiff class members be provided advising of the possible error and right to have their account reviewed and corrected and a hearing if necessary to correct any errors. The complaint seeks a declaration that the current failure to provide child support payors with detailed statements about their child support payment account is an unconstitutional taking of property without due process because without the statements detailed information the child support payor has no way to know the disposition of his or her funds and therefore no way to detect if defendants have committed errors on the account. The complaint also alleges that the County's accounting practices are pervasively infested with errors and an independent audit of those accounts should be ordered, particularly in light of defendants' recent admission of fault for having "the accounting technician incorrectly operate[d] the computer program ..."
If you are a child support payor or someone entitled to receive child support payments from defendants and have experienced accounting errors that were, or are being, resolved unsatisfactorily, you may be an eligible party plaintiff.
The suit is brought on behalf of all those who receive and must make their child support payments through any of California's 58 County Child Support Services Departments. The lawsuit seeks an order requiring audits of Monterey County's child support cases and other declaratory and injunctive relief, compensatory damages as well as restitution of all amounts misappropriated to the State's and/or Countys' "undistributed child support collection" accounts. The lawsuit also seeks payment of the attorneys' fees and costs incurred in bringing suit against defendants.
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hum i was forced to give up my home and move into a travel trailer in a friend driveway for 3 years, then they drained my checking account every 90 day's like clock work costing me 250 in legal fee's and huge late payment fee and over draft fee's i lost my car and almost had to find a shopping cart to live in. 1 year after i made the last payment i still cannot get ahead due to living off credit cards for 3 years ? and i found out not a penny went to the child it all went to support the ex-wife drug, alcohol, cigarettes and stud service.
Posted by Joshua Jackson
on
My account was never cleared after I gained custody and paid off my account. My license was suspended for no reason and I didnt find out for almost a year.
Posted by Stacia_911
on
Oh Lord don't get me started on Dept of Child Support Services in California.
I honestly thought the feds took out the mafia bosses under the RICO Act decades ago, but low and behold the MOB IS ALIVE AND WELL-AND OPERATING IN YOUR COUNTY!!! They have assimilated themselves into a federally funded program under Title IV-D of the social security act.
State child support programs are optional, but required if the state wishes to get the TANF BLOCK every year. The key is to sue the local agency under USC 42 1983 violations of due process under the color of law. You cannot sue the state, as they have immunity under the 11th amendment-but if we don't start stepping up and doing something-they are going to continue extorting children under the guise of "do gooders for the child's best interest".
As I am sure most of us already know that the states are on a campaign to push the services being offered for parents that are not on welfare. They will locate the absent parent, establish paternity, establish a child support order and attach wages of the NCP. That's great as all parents should be equally accountable for the financial upbringing of their own offspring, right?
What happens when the local agency gets bold and decides to include any available parent out there? What if the parents are still legally married to each other, have not filed petitions for legal separation, dissolution, annulment, temporary custody of the child from the marriage?
They don't have a substantive underlying issue to grant them jurisdictional authority to process the case because the local court rules say that married parents have to get child support through dissolution or legal separation unless its a domestic violence issue, so what do they do? They file a paternity action as if it was just another out of wedlock case!!!
You would think that the father could straighten it all out at the hearing but no, because the child support commissioner hearing the case isn't interested to hear his side and proceeds to grant teh requested order based on ZERO..yes i said....ZERO!!!! PERCENT parenting time share without a single shred of evidence to support that his parental rights have been revoked or that he was ever deemed as an unfit parent!!!
He couldn't afford to fight back because they took every last dime he had in disposable income on a fraudulent child support case! The local child support agency clearly violated his constitutional rights, title 5 rights, custodial rights, and every other right that man had left!!!!
I used to believe in my judicial system....until i woke up! I honestly thought there is no possible way this can be happening in the technology era, they would have asked the mother duriing the invstigative interview the specifics of her dissolution or required proof of order for custody considering she is married, which is evident by their parent locator database, but if you choose not to do the right thing.....you miss a lot of important information.
I ended up doing my own undercover investigation of the california counties to see if this was a fluke order, or if this was now standard practice considering how bold they have become. I am telling you now, if you know of ANY PARENT with a child under 18 you better warn them right now that they are potential victims to this false claims scenario. The family law facilitator does not care if you are married, still living with the father, or not decided if you are going to leave him or that you don't have custody orders for your children. They said they establish orders like that ALL THE TIME!!!
i SUPPOSE SO SINCE THOSE ORDERS GENERATE MILLIONS IN BONUS INCENTIVES PAID BY OUR FEDERAL GOVT!! They will be filing actions against your dog if they could for goodness sake!! I have reached out the the federal OIG, DOJ, HHS, OCSE and FBI.....nobody cares right now, RIGHT NOW-unless it happens to them!!
Posted by Fred A.
on
I am dealing with the same this in California. In 12 years I have made approximately 158,400 in child support and DCSS is sending statement that I owe 250,000! They have not send me an audit of payment distributions and while i have been paying them they continue to suspend my DL and contractor licenses! And the children are saying that they are not getting the money!
Posted by John Hussey
on
I ran into major problems with lake county paid all my support due even got a refund and they slapped me with a 72,000 bill I had it reduced to 68,000 but with interest paid 8,000 then to top it off they still have not taken it off my credit report to be honest don't know how much was paid over the years I would ask for audits and nothing came out of it
Posted by Darlene Harsh
on
I was owed child support for my son from his father who never paid except a couple payments. Because CPS got involved for certain reasons they told father to testify in court bad things about me and they would release him of ever having to pay child support again. At the time my son was only 8 yrs old, so i never received any child support and the court order for it just suddenly disappeared. The father owes 12+ years of back child support which im sure i will never see and father gets off scott free. This all happened in Placerville, Calif., El Dorado County!!!!!
Posted by Barbara feri
on
My name is barbara mckinsey feri the child support in sonora calif has been collecting child supp ort for my daughter for 15 years in all that time they have been keeping it to repay aid I never received
And there seems to be no record of it anywhere I have repeatedly ask for help with no results please if you can help.
Posted by barbara feri McKinsey
on
I Have 16 years of the same problems in Tuolumne county they have been collecting on behalf of my daughter for 16 years and keep collecting and keeping to repay aid I never received. please help
thank you
Posted by Amy Rose Schechter
on
In January of 2013 I requested statements for my 2 child support case in the county of Orange CA. The 1st case I noticed after years of receiving nothing the amount ordered was like 4 times the amount I got during each month. I went thru the complaint resolution step I had a administrative law hearing I then filed in Pro Per a PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS in the Superior Court. It took 18 months of yanking me around a change of the judge and all courtroom staff to finally get my day in court for the arrears charge off issue (the county has kept 20,000 dollars of support due to me) to hear the temporary sit in judge back from retirement "I'm going with the tentative" which was not published. He had my case denied thrown out.
Now I have the 2nd case the issue even more unbelievable than the 1st.
Let me try and put it into perspective for someone who has not had to deal with the CA dept. of child support just for fun.
You have a bank account,saving lets say, and you have 50,000 in there life is going along and one day you decide to check your balance. Well it says 28,000 but you had 50,000?
When you ask the bank they tell you well there was a law passed that says if your money was not directly deposited that we can take the money and move it to our side of the banks accounting so our employees can earn there bonuses this quarter from the federal government.
Remember it;s all in the way the reports look, and not in the actually figures that should really be there.
yes thats right this is confusing doesn't make any sense does it? Thats how ridiculose the OCDCSS sounds and thats how ridicules the ALJ and SCJ look as they sway in there favor and do not even take the time to look at each cases exhibits and reports.
I don't know what to do I just like sit hear and stare off into the distance with an empty head in bewilderment. I feel kinda like a deer.
Chow Amy
Posted by timothy DuGuay
on
I recently found that the San Bernadino county filed paper work contrary to facts known to them. Abuse of Process and acting as legal counsel without license, perjury and more. this filing allowed for them to deny any due process and assess arrears without proof for the entire time that we were together even though they knew this to be the truth.
My ex and I had gone into the ADA child suport offices together where she informed them that i was buying a home and that i would be financially supporting the both of them. instead of filing this they filed a notice to remove the state and for support to be paid directly to my ex. when we split again the state seized my bank account, assigned arrears and CS the arrears payment not even close enough to cover interest on assigned arrears. without a court order simply reactivating the order that they should have removed. several paralegal bills and lawyer visits that got no where and every time i have tried to present evidence or seek judgement my bank account is seized and i cannot financially continue in the pursuit of righting this wrong. the officer involved lied,in filing this writ, acted as legal counsel without providing any other actions available, all acts that would be considered criminal were it any one else. why is this not readily found wehn it is obvious that i am not the only one. why can a high priced attorney in Orange county California find this paperwork in less than 15 minutes of a $ 500 dollar consultation with the express statement that he could solve this issue instantly but due to the out of area expense and his cost 20k. I am unable to save any money in a bank. i cannot obtain decent housing, i have to pay exorbitant interest rates on financing any vehicles even though i have paid off three. I am denied gainful employment in positions that i am readily qualified for and have found no attorney in SanBernadino that even knows of this. if i had had the money or the access i would have paid it years ago. however obviously if i were in the financial position to have afforded legal counsel at the time i would never have been in this position. where are the laws protecting those of us from this form of indentured servitude. how does the state act as master of a debt that grows exponentially compared to ones ability to pay it off. needless to say my son is an adult I dont even know him i have been jailed, driving on suspended license even though payments were being garnished at the time and the suspension was unknown to me.
Posted by Colt Upton
on
I have dealt with the sexism and unlawful actions without due process aswell. It seems even if you have 50/50 joint custody they will still charge you for child support if the other parent is on welfare. So not only do I pay for my time with my Child but I have to pay for my daughters mothers time aswell. They have attempted to suspend my DL on numerous occasions because of their offices inept abilities to correctly Institute attached wages. So not only do I have to call and give the same employer info that I have given them but I have to pay fees to DMV every time.
Posted by Robbery
on
Why is it that an ex girlfriend is able to take me back to CSS every 3 months to reevaluate numbers to get more support. I work overtime to make up for my loses due to child support. Why am I unable to move forward and work a little overtime without it adversively affecting me. Overtime is not guaranteed, this is effecting me, my homelife and the future of my eldest children as they are approaching their college years. Any suggestions or laws I should be looking at?
Posted by Todd Conners
on
I was in arrears in 1995 and 1996, I eventually got caught up with my payments and in 2008 or 2009 I received a letter stating that I had paid my obligation and I even received a refund of around $700. Two months later, my wages started getting garnished and was then told I was $25,000 in arrears and an agent of child support agency stated that it was interest for the amount of when I was arrears. Nice, a brand new $25000 bill. My wages were garnished and I could only pay the interest on the interest. This is not very nice and they don't care. I am getting nowhere and I need some sort of relief.
Posted by Janie H
on
I have a state hearing coming up against Tulare County. As they seem to be following Monterery practices regarding their Mathmatic abilities regarding how they caculate child support payments
And I have them dead to rights regarding proof. My case/s involving child support of my son they have 2 cases for him. One father pays me child support and other I pay father support. Last year court ordered them to produce audits showing all payments on noth cases. They did March 2015.
Now as the child support attorney spent our entire alloted time arguing with the judge about one credit, and frustrated the jude so much, the judge said he was done with my case. I never had a chance to state tulares obvious and intentional caculating the two cases exactly opposite. Thus maximizing money collected from me, an RN, and miniumize amounts collected by Father. Anyone with half a brain can look at the two audits and seethe months that fathers made extra payments that extra was applied to principle 1st interest last, however my case all months I made extra payments was applied to Interest 1st and principal last.
This among hundreds of other major federal, state child suppoet law violations, kiting of payments from my 3rd case to this fathers case, violating court orders, removing court divorce files out of the court house, removing court orders, and documents from my divorce files, pretty much every child support law ever made as well as their own policy and procedures.
Would this qualify me to join the class action lawsuit to include Tulare County. As I have been told by several other parents the same hads happen to them regarding court documents disappearing from their divorce case files as well. Its a common practice this office removes divorce files from clerks office and takes them 10miles away to the child support office. Mine was taken back as far as 2008. They recently, 2014/5 made a dummy clerks office in their child support building I'm guessing to keep from getting in trouble for having unlimited, ununsupervised access to court case files to do as they please.
Any assistance would be greatly appreciated.
Posted by Pissed off
on
Dealing with the same issues but through Kern County. I have paid my child support, child is now 28, they have me in arrears for over $6,000 with interest of over $17,000. Don't know where these figures came from. They sent me 7 years of my Family support account and that was it. The Ombudspersion sent me a simple report, just put in my monthly charges with interest for 18 years, neither match, nor do they match my monthly statement, nor does it match the figure my caseworker left on my voicemail, they are just guessing. I have been trying to get my full Family Support Account for over 3 years, knowing they have made errors, they will not give it to me. They Compounded interest, California law is Simple interest, they are supposed to put your payments to current, then principal, then interest, never did that either which is California law. This is why you're principal balance never goes down, and your interest charges go up. I have sent letters, made phone calls, and now finally I am done with Child Support Services. I have done a spreadsheet showing their errors, and showing they owe me a refund. Time to go to the Governor, State AG, all representatives and the US Dept of Health and Human Services. All counties in California need to be audited and we need to demand this be done. They are back peddling and the first words That come to mind, Fraud and Embezzlement. It is your right to receive your full audited account history, they don't want to send it to you because they know they have been screwing people for years, but they cannot withhold your information. Time to put California Child Support Services to the fire and hold them accountable! If anyone has any other ideas, I'd love to hear them.
Posted by Kelvin Goods
on
I'm dealing with the same issue with California; it is ridiculous child-support enforcement is corrupted.
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