Columnist Sandra Thompson: State lines blur child support picture

Sandra Thompson

Saturday, Aug. 26, 2000 | 3:14 a.m.

Sandra Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or by e-mail at thompson@lasvegassun.com

DAN HAYNES is trying to correct the error of his ways. He now wants others to correct theirs.

The Las Vegas man's journey through the child support system has been a challenging one that began 13 years ago.

Haynes says he fell behind in his support payments ordered by Stanislaus County, Calif., from the get-go because of a three-year lapse between when the divorce was filed and when it became final. Along the way he missed a few payments because of his own finances, and has been playing catch-up.

But he can't get a straight answer on what he owes. He says Stanislaus County, which was changing to a new computer system, made an error in computing his arrearages, which has only complicated matters.

Haynes had been ordered to pay $306 a month, which later was increased to $470, for his daughter from his first marriage. According to one record, Haynes has paid $32,453 in support, which includes $11,303 in arrears. That money was paid in monthly installments (withheld from his wages), as well as a $14,090 lump-sum payment from a disability settlement he received.

However, there are discrepancies, and he can't get a straight answer on the correct amount he owes.

Consider the sequence of correspondence he has received from the Clark County District Attorney's Family Support Division:

Confused? So is Haynes.

Elana Hatch, chief deputy district attorney with the Clark County District Attorney's Family Support Division, could not comment specifically on Haynes' case. But she says it illustrates some of the frustrating problems the division faces, especially in dealing with interstate cases.

"One-third of our cases -- 12,000 to 15,000 -- involve other states. It's large and complex," Hatch says.

Sometimes states issue orders that Clark County is supposed to enforce but is not aware of, which can account for a discrepancy in figures. It's especially frustrating dealing with California, Hatch says, because of accrued interest, which can run into the thousands of dollars.

"There are variables, and sometimes all the variables are not understood or presented. It's like any accounting system or program, it's not perfect," she says.

"It's the most complicated area I know of."

Hatch says noncustodial parents can request audits, which should provide an accurate accounting of what has been paid and what is owed. If that amount is still disputed, they can go to court.

Haynes says his accounts have been regularly audited -- at his request -- since 1995. During one review, his accountant uncovered an unexplained $6,800 charge by Stanislaus County in 1995.

"This means that for the past five years, the Stanislaus County district attorney has been collecting and continues to collect and accrue interest at 10 percent on an erroneous balance," Hayes says.

Stanislaus County has not provided any substantiation for the charge, he adds.

Some of Haynes' support payments were going to reimburse California for welfare benefits his ex-wife received for a time. Haynes says his payments far exceed the benefit amounts. His accountant, in a letter, stated: "It puzzles me that you would be charged with payments in excess of the child support obligation which has basically been paid back."

No one in the Stanislaus County child support office was available to discuss the case.

Haynes has a hearing there next month to determine the amount he owes. He has filed a motion to continue a Clark County hearing that was scheduled for this week until the matter is cleared up in California.

Haynes says he is not opposed to paying child support, but contends that because the arrearages are based on a math or computer error, he should not be held responsible for the amount in error.

While he acknowledges that noncustodial parents who don't pay support are wrong, he laments that those who do pay sometimes get "ripped off."

As always, the ones affected most in these cases are the children.