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#199327 - 02/26/07 04:06 PM more Qs about CS and arrears
hglucky Offline

Registered: 01/16/05
Posts: 37
I had explained in my previous post that NCP owed a hefty sum in arrears because of never having paid support. The support order, just finalized by courts, is retroactive for two years back. The order was sent by the courts to Florida courts for enforcement only within the last few weeks.

My question is:
The NCP refused to send income information and so the courts based the support amount on the last known income. It is quite possible and likely that NCP doesn't make anywhere near what he did two years back. He was laid off at about the same time as the order becomes effective. It is also quite certain he found other employment shortly after. But probably not as good pay. Of course the NCP never communicated with the courts and tried to arrange something. Rather I guess he thought if he ignors it, it will go away.

SOOOOO...I figure the support order will need to be recalculated based on current income. But what about those arrears based on a higher income? Do you think the recalculation will be retroactive as well? Sort of a second chance to come clean?

Lets assume the improbable and say the NCP calls CSE with concern that he doesn't make the amount of money they are basing it on and wants it lowered, rather than ripping any CSE notice appart in a violent tantrum and screaming horrible threats towards me. Do they ask me if I agree with that or do they get nasty with him and tell him he should have cared two years ago.

I am only curious how this will work out. If they ask me to accept a lower payment, I will shrug and accept whatever so long as I am assured by CSE that it is justified.

And finally, how long do you think it will take before he gets a notice from CSE about collections? Is it weeks, months, a year? I would like an idea so I may prepared for whatever storm that follows.

#199328 - 02/26/07 04:46 PM Re: more Qs about CS and arrears [Re: hglucky]
Avaya Offline
Carpal \'Tunnel

Registered: 02/09/06
Posts: 9850
Loc: Arkansas
If NCP refused to submit current income, they deserve what they get if CS is ordered on higher income than they currently earn. I wouldn't worry about it.
Eternity is too long to be wrong.

#199329 - 02/26/07 04:54 PM "they get nasty with him and... [Re: hglucky]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
...tell him he should have cared two years ago."
Char Fox

#199330 - 02/26/07 07:04 PM Re: more Qs about CS and arrears [Re: hglucky]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
The Obligor can certainly appeal the courts ruling, but then...they are going to have to come up with a REALLY good excuse why they didn't respond in the first place.

And while it is possible that the amount could be too high, it could also be too low (a reason why he didn't respond).

All in all...NOT your concern, you do the best that you can.
If you air your dirty linen in public, expect people to comment on the skid marks!


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