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  1. #1
    Join Date
    Jul 2012
    Posts
    5

    Angry Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    My question involves child support in the State of: MN

    We have had a CS hearing a month ago, the judge ordered me to pay current CS and he reserved arrears saying that he refuses to consider it... BUT CS enforcement will not stop sending me letters saying that I owe $13K+ in arrears, that my driver's license could be suspended, that they will send it to collections, that my passport may get revoked.. etc etc... I called them many times telling them that the judge had reserved it and I now pay current CS on time.... WHAT IS GOING ON? Can I sue them for contempt of court? if so how do I make them stop? Their letters just get me depressed and stress me out!


    Here is the situation:

    me and my ex spouse married in 2001, were briefly separated in 2005 for about a month, during that month she filed for CS, and I paid the judgement, then we got back together, lived together married again till late 2008 then we separated again for 3 years, during those 3 years I was co-supporting our child because we were still talking about getting back together. In 2012 she got a bf and we filed for Divorce. Now her lawyer reopened the 2005 CS case saying I owe arrears since our 2008 separation. We went to CS hearing, the judge refused to even listen to anything about arrears, he said "why didn't she do anything back in 2008? why she waited till now?", and he was right, because I was supporting my daughter all that time.

    and now CS enforcement will NOT get off my back saying my balance is $13K+

    Please let me know what to do.

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    We cannot see the court's order and "he reserved arrears saying that he refuses to consider it" could mean a number of things. If the court issued an order for ongoing support but declined to modify an existing order for payment of arrears, then you are obligated to pay arrears under the unmodified prior order.

  3. #3
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    does she have the right to reopen a case from 2005 and make it valid from 2008-2012? even though we were married and living together from 2005-2008?
    Is it possible for me ask to modify or close the old order?
    Why would a 2005 order be valid for 2008-2012?
    I was also supporting my daughter from 2008 to 2012 and now she fraudulently wants arrears, what I can do to resolve this and get those arrears cancelled?

    Oh and there is NO order for payment of arrears, all there is is an old 2005 CS order for one or two months, and it was paid before we got back together again

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    75,926

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    If you are now telling us that you were the subject of a child support order and, despite having never moved for its modification, are attempting to escape arrears you incurred from 2008 to 2012 because you were living with the mother and child, presumably that's what the court is eventually going to rule upon.

    In the interim, if under the existing order you owe arrears for that period, then you continue to owe those arrears. The future hasn't happened yet - child support agencies work off of existing orders, not speculation that a court might retroactive modify a support order, something that in most cases would be prohibited by law. If you owe arrears, the arrears may be collected.

    If you don't pay your child support as ordered, you accrue arrears under the child support order. There's no need for an additional order to be issued in order for you to owe arrears - they're based upon your violation of the existing order.

  5. #5
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    Quote Quoting Mr. Knowitall
    View Post
    If you are now telling us that you were the subject of a child support order and, despite having never moved for its modification, are attempting to escape arrears you incurred from 2008 to 2012 because you were living with the mother and child, presumably that's what the court is eventually going to rule upon.

    In the interim, if under the existing order you owe arrears for that period, then you continue to owe those arrears. The future hasn't happened yet - child support agencies work off of existing orders, not speculation that a court might retroactive modify a support order, something that in most cases would be prohibited by law. If you owe arrears, the arrears may be collected.

    If you don't pay your child support as ordered, you accrue arrears under the child support order. There's no need for an additional order to be issued in order for you to owe arrears - they're based upon your violation of the existing order.


    Ok, so I should have moved for its modification when we got back together in 2005? I had no idea, and I thought it was settled and closed when I went to court and paid what was owed for those 2 months.
    This is just unfair to me that I have to pay arrears for a period 2008-2012 where I was actually supporting my child, can I dispute the arrears and get an appeal hearing or modify the case now?
    PS: when I was at the CS hearing last month, the judge said that he doubts that any other judge would consider arrears because nothing was done by the wife to collect back in 2008.

    .... actually Mr. Knowitall, your response is not needed, you sound just like those letters I get from CS enf, and from your posts in your profile you don't seem to provide any solutions or help. If someone else has an answer please feel free to post. Thanks

  6. #6
    Join Date
    Aug 2011
    Posts
    19

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    The letters from the CS agency are extremely annoying. I find it interesting that the judge did not want to listen to the arrears back in 2008. You were proving for your child without child support. Now she probably just want the money and the judge did not consider it because it seems that she was ok with money and did not need any assistance. All of the sudden, she wants money ?? Anyway, I would schedule another hearing to settle all of this and get an attorney if you have the money =/ I would start moving now because if the agency starts to take things away from you, it would be a hassle to get them back.

  7. #7
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    Quote Quoting evilteddy
    View Post
    The letters from the CS agency are extremely annoying. I find it interesting that the judge did not want to listen to the arrears back in 2008. You were proving for your child without child support. Now she probably just want the money and the judge did not consider it because it seems that she was ok with money and did not need any assistance. All of the sudden, she wants money ?? Anyway, I would schedule another hearing to settle all of this and get an attorney if you have the money =/ I would start moving now because if the agency starts to take things away from you, it would be a hassle to get them back.
    Thank you for your response evilteddy, I know right, I bet the dept of Human services spends millions just in paper and stamps with those annoying letters I and others receive almost every single day. I went in today and asked for a hearing to modify or close the 2005 order and arrears.

    They can't get a cent from me, because I have nothing to give them, all my income goes towards living expenses and ongoing child support and I have NO assets.

  8. #8
    Join Date
    Sep 2011
    Posts
    4

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    If the original order is still active and neither you nor your ex have returned to court to modify or cancel the original order, than that order still stands. The judge did "not want to listen to arrears" does not make sense. Perhaps you mean he did not want to consider contempt charges due to arrears?
    Unless the order has been modified and the arrears forgiven, you still owe the amount from the original order. They may not be able to get a cent from you (and that is debatable-your opinion may differ from the law), but the arrears will continue to exist and accrue interest. You can't just ignore it an hope it will go away. Only a court order can change it. When you last went to court, did the judge create a new order or enter any information regarding the arrears in an order?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,752

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    Like it or not, MrKnowitall is correct.

    And if you seriously think "they" can't get a cent from me, you might have a very harsh reality check coming your way.

    - - - Updated - - -

    You realize that evilteddy's response has nothing legally accurate in it at all, right?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Child Support Agency Wants Payment of Arrears, But Judge Reserved Arrears

    Quote Quoting torimac
    View Post
    If the original order is still active and neither you nor your ex have returned to court to modify or cancel the original order, than that order still stands. The judge did "not want to listen to arrears" does not make sense. Perhaps you mean he did not want to consider contempt charges due to arrears?
    Unless the order has been modified and the arrears forgiven, you still owe the amount from the original order. They may not be able to get a cent from you (and that is debatable-your opinion may differ from the law), but the arrears will continue to exist and accrue interest. You can't just ignore it an hope it will go away. Only a court order can change it. When you last went to court, did the judge create a new order or enter any information regarding the arrears in an order?


    Your post still hasn't responded to any of my questions:

    Can I modify it now? I did request CS enforcement to file a motion to close or modify it and I asked them to stop taking any adverse actions until a judges makes a decision, and I'm waiting for a response.

    I had a chapter 7 BK and no income when arrears occurred. I still managed to support my child with the help of my family.
    The hearing was about emergency support that's why he didn't want anything to do with arrears, he said he reserved it.
    Read above, I DID support my child during that period, all I want is justice, not dealing with tricky laws she is trying to use to get free money, So my question is: WHAT IS THE REMEDY? and stop talking to me like I'm the guilty one lol..

    - - - Updated - - -

    Quote Quoting Dogmatique
    View Post
    Like it or not, MrKnowitall is correct.

    And if you seriously think "they" can't get a cent from me, you might have a very harsh reality check coming your way.

    - - - Updated - - -

    You realize that evilteddy's response has nothing legally accurate in it at all, right?
    Your post doesn't offer any help or answer my questions, please only post if you offer suggestions or answers instead of wasting time telling me someone else is right.
    As for getting a cent or not, well they can try and if they do find their way to it they will have a homeless father and destroy the father's and the child's lives.

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