• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Arrears part 2

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

abstract99

Senior Member
What is the name of your state? AZ

Please refer to https://forum.freeadvice.com/showthread.php?t=236803 for the full story so that I do not have to repost it. I contacted the CS agency and they acknowledged that I have been overpaying mom #2. They also say that I have arrears for mom #1. They are saying that my overpayment to mom #2 is my fault and that they will not seek reimbursement of the overpayment. They are saying that they are looking at it as a voluntarly overpayment and that I will need to pay the arrears for mom #1. They even said that if I did not pay this with 1 month they would seek criminal prosecution for the arrears. WTF is going on here? How is this my fault? What can I do?
 


brisgirl825

Senior Member
Newguy, I am sorry to hear that this crap is going on with you. I understand that this is frustrating and unfair however if I were in your position, I'd pay it. Keep this away from CSE so you don't get into trouble and in the meantime see if there is someway to get a reimbursement from the ex. It doesn't sound like you'll get very far but you don't want to risk contempt charges.

Sarah
 

Shay-Pari'e

Senior Member
File a "Motion to show Cause" at the courthouse, they have all the forms. From there give all the details to the judge when you get your hearing.

This is your only option at this point to get things fixed and running smoother
.
 

nextwife

Senior Member
brisgirl825 said:
Newguy, I am sorry to hear that this crap is going on with you. I understand that this is frustrating and unfair however if I were in your position, I'd pay it. Keep this away from CSE so you don't get into trouble and in the meantime see if there is someway to get a reimbursement from the ex. It doesn't sound like you'll get very far but you don't want to risk contempt charges.

Sarah

Isn't CSE the party that created this mess in the first place? They took your money, they misdirected some of it, and they want to now claim that the funds they misdirected should be a gift and you pay the same sum over again because of THEIR mistake? Call your respresentative to your state legislature and talk to his office. Maybe he's had other complaints of incompetance at CSE, and could help you..
 

abstract99

Senior Member
Thank you. I will check on that motion to show cause. Hopefully that will work. Yet it is CSEA that messed up and I don't see how they can say that it is my fault. We are talking 1300 dollars in arrears and I can't just come up with that in a month even if I thought that it was my fault. They said that it is my responsibility to monitor my CS payments and I should have caught it sooner. They said that they have thousands of cases to monitor every month and that is why they send me a monthly statement. So that I can look over my payments and make sure that they are right. They said that they will change it to the correct allotment from here but that doesn't really help me at all.
 

LdiJ

Senior Member
newguyhere said:
Thank you. I will check on that motion to show cause. Hopefully that will work. Yet it is CSEA that messed up and I don't see how they can say that it is my fault. We are talking 1300 dollars in arrears and I can't just come up with that in a month even if I thought that it was my fault. They said that it is my responsibility to monitor my CS payments and I should have caught it sooner. They said that they have thousands of cases to monitor every month and that is why they send me a monthly statement. So that I can look over my payments and make sure that they are right. They said that they will change it to the correct allotment from here but that doesn't really help me at all.

The only way that I can think of where they might be able to legitimately say that it was your fault (or perhaps your employer's fault) is if you sent in the money as a lump amount, and did not break it out for them with the proper cause numbers. For example....if it was sent in with only the cause number of mom number 2....then they had no obligation to determine that the extra wasn't a "gift" to mom number 2 but really belonged to mom number 1.
 

rmet4nzkx

Senior Member
newguyhere said:
What is the name of your state? AZ

Please refer to https://forum.freeadvice.com/showthread.php?t=236803 for the full story so that I do not have to repost it. I contacted the CS agency and they acknowledged that I have been overpaying mom #2. They also say that I have arrears for mom #1. They are saying that my overpayment to mom #2 is my fault and that they will not seek reimbursement of the overpayment. They are saying that they are looking at it as a voluntarly overpayment and that I will need to pay the arrears for mom #1. They even said that if I did not pay this with 1 month they would seek criminal prosecution for the arrears. WTF is going on here? How is this my fault? What can I do?
I am responding here, Newguy, contact the court in AZ and request a Guardian ad Litem be appointed for your children and give them reference to the thread posted by KimberlyJJ even if it is deleted. [/url]https://forum.freeadvice.com/showthread.php?t=242101
Please pm Belieze Breeze with facts. Is Kimberly's new husband, Military? Has she recently gotten court's permission to move?
 
Last edited:

abstract99

Senior Member
rmet4nzkx said:
I am responding here, Newguy, contact the court in AZ and request a Guardian ad Litem be appointed for your children and give them reference to the thread posted by KimberlyJJ even if it is deleted. [/url]https://forum.freeadvice.com/showthread.php?t=242101
Please pm Belieze Breeze with facts. Is Kimberly's new husband, Military? Has she recently gotten court's permission to move?

Mom was awarded sole custody of the children when she petitioned the court to move due to her new husbands military assignment. Odd though because I thought that she was supposed to be in my state right now visitaing my sisters relatives for 2 weeks. Maybe she has access to a computer through their house. I am still knida curious who is watching my children right now since she is out of state.
 

rmet4nzkx

Senior Member
newguyhere said:
Mom was awarded sole custody of the children when she petitioned the court to move due to her new husbands military assignment. Odd though because I thought that she was supposed to be in my state right now visitaing my sisters relatives for 2 weeks. Maybe she has access to a computer through their house. I am still knida curious who is watching my children right now since she is out of state.
In addition to contacting CPS since he is Military, contact his commander, there is 0 tolerance for DV.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top