SCImike
newbie
Reged: 09/28/06
Posts: 37
|
|
Hi All,
I am wondering if the amount of child support had been ordered from family court but the NCP never pays, will this support automatically goes away since the CP does not want to “beg” for money?
What about in about 5 years, the CP sues for the arrears, will the court allow this happen? Will court bring up that the CP did not need this money for past 5 years and the arrears will not be ordered to pay to the CP?
|
M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
|
|
Does CSE handle the CS issue? Or does he/was he supposed to pay directly to the CP? If CSE handles it, then it will be on record, the arrears, with them.
|
SCImike
newbie
Reged: 09/28/06
Posts: 37
|
|
CSE was not involved.
|
Rebecca5
Carpal \'Tunnel
Reged: 06/02/05
Posts: 11697
Loc: Down home.
|
|
Each state has a different statute of limitations with regard to CS.
Try these sites:
http://www.child-support-collections.com/statute-of-limitations.html
http://www.childsupport.com/ChildSupportLaws.asp
|
M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
|
|
Well then the CP will have to prove somehow (I think) that the NCP has not been paying CS. And the NCP will have to prove that they have been paying (receipts, ect.). That is probably the only good thing about CSE..they record the arrearages (sometimes accurately and sometimes not).
|
SCImike
newbie
Reged: 09/28/06
Posts: 37
|
|
the order was from CA court where no statute limitation for CS. the child later moved to TX with CP where also no statute limitation, but the NCP moved to Arizona where the statute limitation is 3 years after last child is emancipated. which court should the CP go for the arrearages after 5 years the order been issued, the child is still under 18. CA? TX? or AZ?
|
AnneB
Carpal \'Tunnel
Reged: 09/21/05
Posts: 3645
|
|
My guess is CA since that is the court with original jurisdiction and the case was never transferred. I don't think CS can be transferred to the CP's state of residence as a general rule or everyone would simply move to the state that allows this highest percentage! However, if the CP were to file to transfer it, the state of CA didn't fight it and the NCP didn't, the CP might prevail in the transfer.
|
Rebecca5
Carpal \'Tunnel
Reged: 06/02/05
Posts: 11697
Loc: Down home.
|
|
If the order has never been moved, it's in the original state of jurisdiction. Typically, CS stays in the state of the payor, if it does get moved.
|
SCImike
newbie
Reged: 09/28/06
Posts: 37
|
|
Can CA court punish an AK resident if the case never been transfered? the CP has to go to AK to open a CS case if the case been transfered?
|
Rebecca5
Carpal \'Tunnel
Reged: 06/02/05
Posts: 11697
Loc: Down home.
|
|
"Punish"?
You mean...can CA enforce the order? They can try to. Some states work well together...some don't. The CP usually has to go to their local CSE office and open a case, working their way back to the original state and original order. But again, some CSE departments are like pulling teeth to get them to do anything.
http://www.supportguidelines.com/resources.html
...is a good place to look. :)
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
