Arrears question

[dolfan82]

AZ

How are arrears balances determined by a judge?

 

[jcinjr]

Not sure about your state, but in Illinois not only are arrears calculated and then divided into payments which are added on to your current support, but interest and late fees accumulate as well. Fifty dollars a month for late fees and certain % for interest. It can turn into a real nightmare if you fall behind. Once you fall behind, it seems like you dig yourself into a deep hole, giving the custodial parent a real edge.

 

[Antigone*]

AZ

How are arrears balances determined by a judge?

Take what you should have paid, subtract what you paid, tack on interest and there you go.

 

[dolfan82]

Thanks for the responses, but I guess I'm more inclined in finding, if arrears are calculated based off what my income has been for those past years.

In my case, I was ordered to pay close to 21k in arrears beginning in 2008. Was this amount determined by my current income?

 

[Proserpina]

Thanks for the responses, but I guess I'm more inclined in finding, if arrears are calculated based off what my income has been for those past years.

In my case, I was ordered to pay close to 21k in arrears beginning in 2008. Was this amount determined by my current income?

Assuming (because I haven't read your post hx) that Mom filed in 2008, then the numbers from that year would generally be used to calculate the obligation (and thus arrears).

So..did Mom file in 2008?

Have you been saving up since she filed?

 

[CJane]

So dolf, at what point are you going to stop trying to find the loophole to paying support?

 

[dolfan82]

Yes, she filed for a modification to change ou son's name, I responded but we never had a. Hearing until I recently requested it.

 

[Proserpina]

Yes, she filed for a modification to change ou son's name, I responded but we never had a. Hearing until I recently requested it.

...what's that got to do you with you paying or not paying child support?

Could someone do a quick synopsis for me here?

 

[dolfan82]

CJane even if I wanted to, my checks are already being garnished, so it's a lost cause trying to find any type of "loophole" unless I quit my job and become "self - employed" and just rec. cash payments. But what type of person would ever think of doing such thing? Blah, blah, blah.

 

[Proserpina]

CJane even if I wanted to, my checks are already being garnished, so it's a lost cause trying to find any type of "loophole" unless I quit my job and become "self - employed" and just rec. cash payments. But what type of person would ever think of doing such thing? Blah, blah, blah.

...alrighty then.

 

[dolfan82]

Proserpina, You asked if mom filed in 2008, I answered yes. In order for her to file for a change of name, paternity had to be established first, so she filed for that also, with the outcome being my arrears beginning in 2008, right?

So if I told the judge that my current income is $10 an hour, did he assume that since 2008 it has been the same? My taxes beg to differ.

Would this have any merits in determining arrears calculations?

 

[Proserpina]

Proserpina, You asked if mom filed in 2008, I answered yes. In order for her to file for a change of name, paternity had to be established first, so she filed for that also, with the outcome being my arrears beginning in 2008, right?

So if I told the judge that my current income is $10 an hour, did he assume that since 2008 it has been the same? My taxes beg to differ.

Would this have any merits in determining arrears calculations?

I'm sorry, my mind-reading talent had disappeared briefly.

So she filed in 2008, neither of you did anything else about it and now you've just had a hearing where the arrears amount was based on $10/hour?

That's right?

So what were you earning in 2008?

 

[dolfan82]

That's what I am not sure about, I don't know how the judge came up with the 21k arrears.

For tax year 2008 I made close to 8k.

So back to my original question, how are arrears determined and calculated? Based off of what financial information?

I am not concerned about interest and late penalties.

 

[Proserpina]

That's what I am not sure about, I don't know how the judge came up with the 21k arrears.

For tax year 2008 I made close to 8k.

So back to my original question, how are arrears determined and calculated? Based off of what financial information?

I am not concerned about interest and late penalties.

One more question.

Have you paid ANY child support AT ALL during the past 3 years?

Because I think I know what happened here - I just want you to clarify.

 

[dolfan82]

On and off, honestly. I paid it directly to her, I just found out that all these payments would be considered "gifts" in the eyes of Court.