Illegal, Deceptive, and Preferential Practices of the Ventura County Department of Child Support Services (VCDCSS)

(Note: If someone is willing to translate this into Spanish, I'll be glad to post the translation also.)

Over the last year and a half I have been subject to some clear examples of illegal, deceptive and preferential practices of the Ventura County Department of Child Support Services (VCDCSS).

I filed a formal complaint on January 23, 2014 to the VCDCSS, the California State Department of Child Support Services, the Ventura County Grand Jury, and the Ventura County District Attorney.

If you are the divorced father of a child under the age of 18 in Ventura County, and your spouse initiates a case with the VCDCSS, you need to be aware of these practices.

1. Illegal creation of arrears account

When a case is started with VCDCSS, both parties fill out an arrears form. Arrears are child support payments owed. They are funds either not paid or not fully paid. In my case (and given my treatment, I suspect in most cases), my arrears declaration form was completely ignored, and only the mother's was used to establish an arrears amount.

This is not the end of it.

The VCDCSS representative, Helen Ayala, created an arrears account for the amount claimed by the mother. Ayala did not create the account through an arrears order (a court process) or by any other official method. There is nothing in the public record about the arrears account. I, the person supposedly owing, was never informed. No call. No letter.

And yet, from day one, the county began charging interest on an amount that was unverified. The amount was literally the word of one person in a dispute.

2. Deceptive collection practices

Ms. Ayala sent an order to attach my wages for child support. Fair enough. My employer complied. On this initial order, there is no mention of arrears. One month later, Ms. Ayala sent a second order. This order added $50 a month for arrears. But because it was an addition of a small amount, I was not informed in any way. No order, no letter, no call.

This went on for a year and a half. Then I changed jobs.

When you change jobs, your current employer informs the VCDCSS of the change. Ms. Ayala, again without contacting me, simply sent my bank an order to empty my accounts for up to the full amount of the arrears. (This was all accounts with my name on them, including both my daughters' saving accounts.)

I did not learn of this until I went to pay bills a day or two later, and I could not. I contacted the bank where I learned what organization had done this. I contacted the VCDCSS and requested information about this surprising arrears account. From the VCDCSS, I received a statement of my account, now running with 18 months of interest on a highly inflated amount. It also contained a copy of the mother’s arrears claim form, which showed how they had arrived at the amount. Over half of it was completely made up by my ex, but that's a different evil.

3. Preferential treatment

I prepared a packet of bank statements and cancelled checks proving that I was making regular, monthly payments for the amount of the court ordered child support for an entire year during which the mother claimed I had not paid. I also paid the full, actual arrears without the interest. I asked for a full accounting and a revised statement.

I heard nothing.

I called several weeks later. Ms. Ayala replied a day later, leaving a phone message stating that Ventura County was rejecting the evidence I had supplied them - the bank statements and cancelled checks - because Ms. Ayala had spoken with the mother, and took her at her word that she “kept very good records” and that these payments were “reimbursement for expenses and not child support.”

Given the existence of the bank statements and cancelled checks, clearly the mother is lying. But it is up to the county, which has inserted itself in the middle of a family, to base their decisions on fact and court documents. The fact that Ms. Ayala is completely willing to accept hearsay (from the mother) is an indictment of the department and of Ms. Ayala as a public 'servant.'

HOW DO YOU PROTECT YOURSELF?

I hate to say it, but if you can afford an attorney, get an attorney. But beware of attorneys. Interview them. You may just need someone to funnel your documents through and watch your back. The $3500 retainer (or whatever it is they ask) is worth it if they actually do their job.

If you can't afford an attorney...

1. Review your files

If you have a case with ANY Department of Child Support Services in ANY county or in ANY state, I would start by requesting to review your file. Go in and ask to physically see it.

2. Request a recalculation of support at every change and at least annually

The mother, in my case, routinely hid her income. This only came out when she moved away (without informing me) and I had to get an attorney to deal with the issues. Getting income recalculated based on income tax returns every May 1 is a good idea. (This will not stop your ex from lying on tax forms, but there are consequences of getting caught in that arena.) And getting it recalculated when something changes, especially when you lose a job, is critical.

3. Put everything in writing

For all requests, responses, etc., with the Child Support Services staff and with your ex, do not speak about any issues. Always put things in writing.

4. Keep every record

I did not have bank statements from 2009, the year the mother in my case lied about. In the interim, my bank had been acquired. I paid for every single statement and check copy they made for me. It was over $200 when we were finished.

5. Yes, you still always lose

The father, no matter what your behavior, is vilified as 'deadbeat.' My arrears accrued during a period when I was unemployed and I neglected to get my support payments recalculated.

WHAT IF YOU HAVE A COMPLAINT?

Well, good luck. The system is set up to make complaints difficult. The Ventura County DCSS site has a complaint resolution page. Which tells you to call their office. If you call their office, they will move you up the chain of command with as much resistance as they can. Maybe go to the state? The state site tells you to go to the county site.

I've chosen to write a letter to the organizations I listed at the beginning of this blog. I'll get back to you on how it goes.