angeleyzad
Member
What is the name of your state? ME
I have a court order that was not signed by the judge until about 9 months after we actually went to court. I had to have the order sent to DHS three times, they said that they never received it. This was three years ago. The issue I'm having today is that DHS is changing the date as to when the arrearage that was calculated is effective from. Here's the problem. For approximately 2 years, we had to figure out what the child support amount was that my ex was supposed to be paying, vs. what he actually paid, and it worked out to be over $5000 - to be accomodating, I had settled on $4000. That was written into our actual court order amendment, that as of date "A" (when we actually went to court) the arrearage amount was $4000. The problem is, that the actual court order was not signed by the judge until a later date, Date "B". The Child Support Order, which was signed the same day as the court order (Date "B"), has the arrearage set at $4000 still, which is not the problem. The issue is that now, DHS is saying that they won't go by the Date "B" on the Child Support Order, they are saying that they are going by the date "A" that is stated within the court order. They should be going by the amount listed on the Child Support Order, which states the amount of the arrearage at Date B.
I am not sure how to correct this, as their system is now saying that my ex has overpaid child support by over $1000 - when, actually, it should be current now. This is effecting what I am getting paid now, as they are holding some amount of support as "future support". I tried sending them a letter with the calculations, as well as copies of the court order/child support order which states the amount of arrearage, signed on Date B by the judge, but they are refusing to go by that date. I am not sure how to procede, do I have to bring my ex back to court to get this cleared up, or what? DHS has told me that unless a judge says otherwise, their calculations are from the Date A, not Date B. This doesn't really have anything to do with my Ex, it's with DHS - the state agency handling the collections and dispursements of the child support.
I have a court order that was not signed by the judge until about 9 months after we actually went to court. I had to have the order sent to DHS three times, they said that they never received it. This was three years ago. The issue I'm having today is that DHS is changing the date as to when the arrearage that was calculated is effective from. Here's the problem. For approximately 2 years, we had to figure out what the child support amount was that my ex was supposed to be paying, vs. what he actually paid, and it worked out to be over $5000 - to be accomodating, I had settled on $4000. That was written into our actual court order amendment, that as of date "A" (when we actually went to court) the arrearage amount was $4000. The problem is, that the actual court order was not signed by the judge until a later date, Date "B". The Child Support Order, which was signed the same day as the court order (Date "B"), has the arrearage set at $4000 still, which is not the problem. The issue is that now, DHS is saying that they won't go by the Date "B" on the Child Support Order, they are saying that they are going by the date "A" that is stated within the court order. They should be going by the amount listed on the Child Support Order, which states the amount of the arrearage at Date B.
I am not sure how to correct this, as their system is now saying that my ex has overpaid child support by over $1000 - when, actually, it should be current now. This is effecting what I am getting paid now, as they are holding some amount of support as "future support". I tried sending them a letter with the calculations, as well as copies of the court order/child support order which states the amount of arrearage, signed on Date B by the judge, but they are refusing to go by that date. I am not sure how to procede, do I have to bring my ex back to court to get this cleared up, or what? DHS has told me that unless a judge says otherwise, their calculations are from the Date A, not Date B. This doesn't really have anything to do with my Ex, it's with DHS - the state agency handling the collections and dispursements of the child support.
