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( In Los Angeles County & Neighboring Counties )
* New unknown law lets you compromise ( settle for pennies on the dollar ), arrears to include, money owed to the state for welfare paid to the custodial parent. It also lets you compromise the interest charges on the child support case and close the case. * Requires no attorney. * Cost no fees. * Is totally legal.
by, Revenge Books
1. the independent auditors suggested new programs that would get rid of these cases and let the DCSS collect only money it could collect with dependency. the counties accumulated many cases with arrears that simple could not be to shown as collectable. They non-custodial parents are retroactively billed and not given retroactive credit. reduce liabilities. Before you go further let me establish some food for thought. I came across it while doing legal research. * Reason for acceptance: Being charged interest for a debt that is actually a human being is unconstitutional. Not everyone will qualify and there are rules to follow. Therefore. This will make those who might read and think that someone is giving you a loop-hole in the system. * Reason for acceptance: The fact that the non-custodial parent is being billed for money given to the custodial parent by the states department of social services is . It was to be a pilot program that would help the County of Los Angles as well as the neighboring counties. It was established by the County of Los Angeles Department of Child Support Services. NOT ACTUAL CHILD SUPPORT ITSELF. You can only compromise money owed to the state for welfare benefits giving to the child by the department of social services. Take a look at the guidelines and see if your qualify. The states receive money from the federal government per the amount of cases and money that needs to be collected. You can only compromise interest charges on child support. yet it never did. 2. However. In other words it would get rid of uncollectible debts. The DCSS was to inform all non-custodial parents that may quialy for this program. NOT ACTUAL CHILD SUPPORT. and there was never any loan given to the non-custodial parent. but most non-custodial parents will qualify at some time during their court ordered child support case. through many independent audits conducted.Introduction I am going to introduce you to this new pilot program called the COAP program ( Compromise of Arrears Program ). It simple did nothing and many non-custodial parents to this day do not know of the program.
(COAP). the law allows the parent to pay less than his or her total child support debt owed to the government because their child received public assistance during a time that the parent did not pay the court ordered child support. This is called a compromise of arrears. Conditions. Finality. or a determination by the director that it is in the best interest of the state to do otherwise. and no portion of the amount offered in compromise may be refunded. the offer in compromise shall require the obligor to be in compliance with the current support order for a set period of time before any arrears and interest accrued thereon may be compromised. There is no need to bill a curtain group of people just because of a social issue and to oppress. (b) If the obligor owes current child support. 2. Rescission of offers. all compromised liabilities shall be reestablished notwithstanding any statute of limitations that otherwise may be applicable. Acceptance of compromise offers. is that the non-custodial parent has already paid into the welfare system through their income and payroll taxes. The following is an example of a State Statute ( California) on COAP: Cal Fam Code § 17560.discrimination. If a person owes child support arrears to the state. Program establishing arrears collection enhancement process. if either of the following occurs: . s/he may qualify for the Compromise of Arrears Program. Here is what the law states : In certain child support cases. The program shall operate uniformly across California and shall take into consideration the needs of the children subject to the child support order and the obligor's ability to pay. any offer in compromise entered into pursuant to this section shall be rescinded. Compliance with federal law. (c) Absent a finding of good cause. The reason being. Uniform application (a) The department shall establish and operate a statewide compromise of arrears program pursuant to which the department may accept offers in compromise of child support arrears and interest accrued thereon owed to the state for reimbursement of aid paid pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.
destroyed. (e) Subject to the requirements of this section. Prior to giving consent. (f) For an amount to be compromised under this section. (2) The obligor fails to comply with any of the terms and conditions of the offer in compromise. or other property belonging to the obligor or any reasonably anticipated receipt of income.(1) The department or local child support agency determines that the obligor did any of the following acts regarding the offer in compromise: (A) Concealed from the department or local child support agency any income. withheld. or record. director or director's designee within the department determines that acceptance of an offer in compromise is in the best interest of the state and that the compromise amount equals or exceeds what the state can expect to collect for reimbursement of aid paid pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code in the absence of the compromise. (B) Intentionally received. assets. assets. the following conditions shall exist: (1) (A) The administrator. director. (d) Pursuant to subdivision (k) of Section 17406. document. or intentionally made any false statement. or director's designee within the department. relating to the financial conditions of the obligor. (B) Acceptance of an offer in compromise shall be deemed to be in the best . and may delegate additional authority to compromise up to an amount determined by the director to support the effective administration of the offers in compromise program. mutilated. the director shall delegate to the administrator of a local child support agency the authority to compromise an amount of child support arrears up to five thousand dollars ($5.000). or falsified any information. or other property. in no event may the administrator. the custodial party shall be provided with a clear written explanation of the rights with respect to child support arrears owed to the custodial party and the compromise thereof. based on the obligor's ability to pay. accept an offer in compromise of any child support arrears owed directly to the custodial party unless that party consents to the offer in compromise in writing and participates in the agreement.
with regard to arrears that accrued as a result of a decrease in income when an obligor was a reservist or member of the National Guard. or delay in seeking. the amount of support that would not have accrued had the order been modified to reflect the reduced income earned during the period of active military service. tax returns. shall establish rules that compromise. and failed to modify the support order to reflect the reduction in income. (3) The obligor shall provide evidence of income and assets. making lump-sum payments. at a minimum. The director. (h) Any offer in compromise entered into pursuant to this section shall be filed with the appropriate court. was activated to United States military service. paying current support in a timely manner. (B) That the obligor does not have reasonable prospects of acquiring increased income or assets that would enable the obligor to satisfy a greater amount of the child support arrears than the amount offered. or subject to judicial review. (2) Any other terms and conditions that the director establishes that may include. The local child support agency shall notify the court if the compromise is rescinded pursuant to subdivision (c).interest of the state. director or the director's designee within the department that it would not be in the best interest of the state to accept or rescind an offer in compromise in satisfaction of child support arrears shall be final and not subject to the provisions of Chapter 5 (commencing with Section 17800) of Division 17. but may not be limited to. . (g) A determination by the administrator. but not limited to. absent a finding of good cause to the contrary. no later than 90 days after the effective date of the act adding this subparagraph. within a reasonable period of time. wage stubs. and bank statements as necessary to establish all of the following: (A) That the amount set forth in the offer in compromise of arrears owed is the most that can be expected to be paid or collected from the obligor's present assets or income. including. the modification were not reasonable under the circumstances faced by the service member. and paying arrears in exchange for compromise of interest owed. Good cause to find that the compromise is not in the best interest of the state shall include circumstances in which the service member's failure to seek. (C) That the obligor has not withheld payment of child support in anticipation of the offers in compromise program.
within three years from the date of application.g.(i) Any compromise of child support arrears pursuant to this section shall maximize to the greatest extent possible the state's share of the federal performance incentives paid pursuant to the Child Support Performance and Incentive Act of 1998 and shall comply with federal law. or any reasonably anticipated income or assets. arrears owed that are to be distributed prior to the arrears owed to the government and the arrears repayment amount as provided in the compromise agreement within a three-year period from the date of the Agreement from any source (e. * No conviction or contempt finding for failure to pay child support within six months prior to the date of application. including interest. * No previous application to participate in COAP within one year prior to the date of application. * The NCP does not have the ability to pay off all arrears owed. * No concealment of any income. The COAP guidelines: * Minimum amount of Permanently Assigned Child Support Arrears (up to the Unreimbursed Assistance Pool amount) owed to the government of at least $501. and no intentional withholding or falsifying of financial information . assets. * No intentional failure to pay in anticipation of COAP. * No rescission of a previous COAP agreement within two years prior to the date of application. gift. (j) The department shall ensure uniform application of this section across the state. * Ability to pay current support. loan. income).
pdf . a Child Support Compromise of Arrears Information Sheet DCSS form 0019.saccounty.dcss.humboldt. However.us/dcss/pdf_forms/arrears%20only.pdf http://www. here is a link to the pdf form that can be downloaded.ca. FL-150. Information Letter DCSS Form 0025. http://co. The forms look like the following pages. The COAP application consists of. and Income and Expense Declaration.net/coswcms/groups/public/@wcm/@pub/@dcss/@inter/docu ments/webcontent/sac_008788.Forms: The DCSS does not allow this form to be given out for some strange reason. The basic income & expense form can be downloaded at your local superior court website under family law forms.
File it with the proof it asks. 4. They will not let you compromise the interest and welfare monies until then. . If you have multiple cases in multiple counties you must consolidates them if you can in one county. The “ Application for COAP “ and they are supposed to give it to you.Action Notes: 1. If you file it at the court your case is at they will tell you to file it with the state. You must send it to the local DCSS office for a hearing or local state office. Just insist on getting the application. not the custodial parent. try to do it in both. If not. but they will try to prevent this saying you can only file once. They will say that they cannot unless an case worker or officer of the court gives one to you. 2. Remember that you can go to your local family support officer or family facilitator and ask for the forms. The reason for this is that the money is owed to the state. but remember all actual child support must be paid to the custodial parent in full first. 3.
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