Can the Department of Human Services place past due child support on a credit report if it was never late?

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Can the Department of Human Services place past due child support on a credit report if it was never late?

My ex-husband went on state aid just prior to our divorce unbeknownst to me. We have joint custody however, I pay support to DHS. I was just recently informed that i owe the amount of money he collected before the divorce which was $1566. I was not happy but never disagreed to pay it. They added $40 more to my monthly support amount and it comes right out of my payroll check. Why do they have the right to place that on my credit report as seriously delinquent when i technically have been never late. It dropped my score 100 points. Tough hit. Trying to clean report after divorce.

Asked on February 20, 2011 under Bankruptcy Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem with credit reports are there is really not a lot of leeway in reporting.  I agree that they should not have reported the situation as such especially since your obligation to pay did not arise until after you were divorced.  Dispute the reporting and see what happens.  Write to the credit bureau and by law they have to write to DHS to inquire about the reporting.  DHS then has 30 days to respond.  10 to 1 they will not in the time frame prescribed by law and it will be removed from your credit history.  You need to do this for all of the credit bureaus.  In the meantime write to DHS as well and advise then that they improperly reported the support obligation and that they need to rectify the report.  Keep at them.  Good luck.


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