Collecting Unpaid Child Support

I am a little confused. I think it is the first instance.

Here pretty much what happen...I stopped paying in Jan 2007. CP files in Jan 2008. I choose to take paternity test. So my first payroll deduction was in Aug 2008. The amount I had deducted had x amount for arrears accumulated from Jan 2008 thru July 2008. A year or two later my payroll deducted amount decreased because I was caught up in arrears. And when the case was closed the balance showed an small overpayment.

Is that the first or the second example?

No matter what, I really do strongly encourage you to make a HUGE (but modest, of course) splash about supporting your child without an order telling you, and that you have receipts (or check stubs...something...anything) to show that you've been paying.

And I'm trying very hard not to want to give your ex a good talking to.

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Quoting wishtobedramafree

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I am a little confused. I think it is the first instance.

Here pretty much what happen...I stopped paying in Jan 2007. CP files in Jan 2008. I choose to take paternity test. So my first payroll deduction was in Aug 2008. The amount I had deducted had x amount for arrears accumulated from Jan 2008 thru July 2008. A year or two later my payroll deducted amount decreased because I was caught up in arrears. And when the case was closed the balance showed an small overpayment.

Is that the first or the second example?

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All back support is paid off, you paid voluntarily for 16 years without a court order. Mom is toast.

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Quoting Dogmatique

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No matter what, I really do strongly encourage you to make a HUGE (but modest, of course) splash about supporting your child without an order telling you, and that you have receipts (or check stubs...something...anything) to show that you've been paying.

And I'm trying very hard not to want to give your ex a good talking to.

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Oooooh. Doggie is in a good mood tonight, lol. I'd be more inclined to smack her. *dons angel wings*

OP, don't take what I would do as advice, lol.

LOL :p

Honest to Beheebies though, this one just made me all kinds of cranky.

:D

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Quoting wishtobedramafree

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I am a little confused. I think it is the first instance.

Here pretty much what happen...I stopped paying in Jan 2007. CP files in Jan 2008. I choose to take paternity test. So my first payroll deduction was in Aug 2008. The amount I had deducted had x amount for arrears accumulated from Jan 2008 thru July 2008. A year or two later my payroll deducted amount decreased because I was caught up in arrears. And when the case was closed the balance showed an small overpayment.

Is that the first or the second example?

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There was a case filed in Jan. 2008 and as a result you had to pay child support and arrears and your telling us that there was no order. Well that just doesn't sound right. Whatever the case was it would have ended with an order signed by the judge. Now if that was to pay a certain amount each month plus the arrears then there was an order. And that would not be making voluntary payments or are the voluntary payments only the first 16 years and if so, how did you make those payments. And then you wrote this:

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Would it be at the rate I was paying prior to the support order being created or at the rate when the support order was closed?

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Furthermore, the payments were being made through what you call payroll deductions. Is that your way of saying that your salary was garnished? Who was your employer sending the money to? Was it the Probation Department or your X?

Someone was tracking the payment (I'm guessing Probation) and when the arrears were paid the amount went down to a current child support amount.

If your child support was paid through the Probation Dept. and they closed the case then the order was satisfied. The only way (I think) your X can now collected is if there is also a previous judgment for arrears that was not satisfied by the order Probation was working off of.

So did Probation handle the collection?

Yes, my salary was garnished.

The money taken from my paychecks were processed thru NJ Child Support Agency and then given to the CP. It did not go to the CP directly

Here is a text I received from the CP that caused me to start this thread: "There is a stipulation written by the presiding Judge that I can request retroactive child support for the duration of time no child support was paid and no child support order was in place."

At this point I am 99% convince she will receive something. When she takes me to court. The answer I am concern is, At what rate? Because I paid X amount for the first 16 years and when the court order was created I ended up paying double the X amount.

I also wonder if I can argue that the money I paid immediately after the court order ended to my child to help her get setup can be applied because I would have given it to CP to give to the child and would have applied to the unpaid child support payments, if I had known about the notation that the judge written. I was never given a copy of it.

Do you think there is a time limit on what the Judge has written?

Read here: http://njfamilylaw.foxrothschild.com...vely-modified/

And here, too - look at David Davis' post. http://www.avvo.com/legal-answers/ca...t--431540.html

http://heatherdarlinglawer.blogspot....s-are-not.html

I realize these are attorney pages - unfortunately my time is limited somewhat today.

I am going to keep looking though.

Thanks Dogmatique.

Never physically going through the court process, is it possible that the judge was not aware of my payment history. In other words is that something that is asked when an CP files for child support? I am wondering if the judge was looking at a case that has an CP with an 17 year old child just going through the courts to receive child support, thinking that he NCP never made any prior payments. That would explain why the judge made the special written notation. The CP told me, the case worker told her that it was a special because she (the judge) never did that before.

I would hope that you have copies of the complaint that was brought against you back in 2008. If you don't, I suggest that you go to the court and get a copy of what is in the file. If you were represented by an attorney, you could ask them for a copy. It is very important now (with your X wanting that year of back child support) to know exactly what is in the judge's order.

When a complaint or motion is filed in a lawsuit, the moving party must provide a proposed form of the order for the judge to sign. Typically the judge will put a line through those items that he/she denies and writes the word 'denied' over it. All the others items are granted. And sometimes the judge will deny something with a notation.

What I suspect happened is that your X's attorney asked for the arrear child support for that year and the judge did not grant it because the court was dealing with child support moving forward but wrote that she may file for it in the future. That would mean that she would have to file a new motion dealing with that issue. It doesn't mean that she will get it. I doubt there is a 'memo' as you put it covering the missing year of child support. Judges don't typically write memos.

If there was no order in place for the first 16 years, I very much doubt that she can make a case that you owe it. If by some chance she could make the case, my guess is that the calculations would be based on the latter support payments because they were based on the CIS's that the court used in deciding what your payments should be in 2008.

I really wouldn't worry too much about it. Is your X really going to pay an attorney a few thousand to try to collect one year of 'arrears"? You would know better than I.

Also, never get advice from your ex. I read the codes in NJ and from what I read, a support ruling will only be made retroactive to date of filing. But yes, go to the court and request copies of the initial complaint and all orders. You'll have your answer.