Start Your Divorce Today - Premium Divorce Online

Page 1 of 6 1 2 3 4 5 6 >
Topic Options
#196164 - 02/18/07 05:28 PM arrears
hglucky Offline
newbie

Registered: 01/16/05
Posts: 37
Consider a situation where the NCP has never paid support. The courts issued a temporary support order that was less than the final, though the temporary order had not been submitted to CSE. A final order was given about one year later. The order was retroactive to 2 years prior, during the time the temporary order was in place. (I imagine any payments for the temp order would have been deducted from the total, had there been any). Now finally the permanent order was sent to CSE.

Obviously since the permanent order was retroactive and because there had been a temp order, there are plenty of arrears. But are these really arrears when the order had not been submitted for collection to CSE, and at any rate, the NCP did not have a permanent order before now to go by.

Yes, it is true that the NCP never attempted to pay anything, even though the NCP was aware that they were supposed to.

But how does CSE handle a new case like this? Do they automatically calculate interest even though the order hadn't been established before recent? Seems a bit unfair to me. I must be nuts because I am the unaided CP trying to manage on my own. But hey, I am still fair even if the NCP is not. Thanks in advance for your comments.

Top
#196165 - 02/18/07 05:34 PM Re: arrears [Re: hglucky]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
But are these really arrears when the order had not been submitted for collection to CSE, and at any rate, the NCP did not have a permanent order before now to go by.

---> Yes.

But how does CSE handle a new case like this? Do they automatically calculate interest even though the order hadn't been established before recent?

---> The order was established, even though it was "temporary" and since it wasn't paid...it's like any other debt that was not paid and it would accumulate interest.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

Top
#196166 - 02/18/07 05:36 PM Re: arrears [Re: hglucky]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
Where do you live ?
_________________________
Careful. We don't want to learn from this.

Top
#196167 - 02/18/07 11:39 PM I think what she's asking is... [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
is interest added onto the "permanent" CS that was retro 2 years. The temp order was only for a year before the final was entered and the final went back a year farther than that and at a higher amount. Although I don't know the answer on that one. Do they add interest onto retro CS?
_________________________
Char Fox

Top
#196168 - 02/19/07 12:57 AM Re: I think what she's asking is... [Re: almostheaven]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Do they add interest onto retro CS?

---> Only on what was due and not paid. So if you have a TO for say $200 and the new order says $250 and backdated...they would only charge intest on the $200 and NOT the $50. At least that is the theory.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

Top
#196169 - 02/19/07 03:58 AM Re: I think what she's asking is... [Re: Gecko]
hglucky Offline
newbie

Registered: 01/16/05
Posts: 37
Yes, I was only referring to the permanent order, because the temporary order is no longer effective.

The order is being initiated through florida CSE.

I had posted sometime back with concerns over whether I should enforce the support once the order came. I knew that I had a right to the CS, but the NCP has been quite violent and threatening in the past. As you can see, I have decided to go to CSE, though my goal was more to get the situation 'on the books' than to actually collect at this time. I'm not looking to fleece the NCP. I figure I will accept whatever CSE manages at this time, and won't care too much if they drag their feet. And I certainly won't care if he challenges it and trys to get it lowered. The amount just doesn't matter to me.

But the NCP has gotten away with breaking laws and hurting others with just a slap on the wrist. More importantly, I am tired of letting him frighten me into submission. I just hope I made the right decision.

Top
#196170 - 02/19/07 04:09 AM Re: I think what she's asking is... [Re: hglucky]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
The child has a right to be supported by BOTH parents and if Dad wants to be an a$$hole...that's HIS problem...NOT yours.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

Top
#196171 - 02/19/07 04:25 AM Re: I think what she's asking is... [Re: Gecko]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Income shares based on New Jersey model.
F2. Does your State charge interest on missed arrears? Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions. Interest is charged on judgements. A missed payment becomes a judgment by operation of law. Interest rates on judgements are determined annually by the state Comptroller.
F3. Does your State charge interest on retroactive support? No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
F4. Does your State charge interest on adjudicated arrears? Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions. Interest rates on judgments are determined annually by the State Comptroller. For current rates: http://www.dbf.state.fl.us/interest.html
_________________________
Careful. We don't want to learn from this.

Top
#196172 - 02/19/07 04:33 AM Re: I think what she's asking is... [Re: googledad]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
do you always cut and paste????????? People are looking for real human advice! Any moron can do what you do~

Top
#196173 - 02/19/07 04:41 AM Re: I think what she's asking is... [Re: katiefedup]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
Then do it . Too hard for you to read ?
_________________________
Careful. We don't want to learn from this.

Top
Page 1 of 6 1 2 3 4 5 6 >

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: