distribution of payments

[nocinderella]

What is the name of your state?Arizona

I was wondering if the state had distributed payments sent in a certain way and that way was proven in the payment history could they then when calculating what was owed change the way they distributed the payments?

An example: federal income tax intercepted in 1987 applied to arrears.
Payment of three-huindred sent in in January 1989 current
monthly support is two-hundred, so two hundred is applied
toward the current child support owed that month and the
remaining one-hundred goes toward reducing the arrears.

Case ends up with three judgments child emancipates and state does the final calculation of what is owed and ignores the three judgments and just calculates from day one that a payment is made or missed. Can they do this?

 

[seniorjudge]

What is the name of your state?Arizona

I was wondering if the state had distributed payments sent in a certain way and that way was proven in the payment history could they then when calculating what was owed change the way they distributed the payments?

An example: federal income tax intercepted in 1987 applied to arrears.
Payment of three-huindred sent in in January 1989 current
monthly support is two-hundred, so two hundred is applied
toward the current child support owed that month and the
remaining one-hundred goes toward reducing the arrears.

Case ends up with three judgments child emancipates and state does the final calculation of what is owed and ignores the three judgments and just calculates from day one that a payment is made or missed. Can they do this?

Get a printout from the child support bureaucrats of the obligations and payments; then see if they match up.


Q: Case ends up with three judgments child emancipates and state does the final calculation of what is owed and ignores the three judgments and just calculates from day one that a payment is made or missed. Can they do this?


A: Rephrase your question; this is incomprehensible.

 

[nocinderella]

Arizona.

I was divorced in 1983. Received no child support for six years. 1989 I received a judgment for $12,000.00. From 1989 until 1996 I received another judgment for child support arrears in amount of 6,500.00. Son emancipated in 1999 and then received final judgment for 963.00. After son emancipated ex quit paying anything regularly. I filed a remodification to set an amount to be paid monthly. In court that day nobody knew the exact amount owed so judge ordered us to get with Expedited Support to have a calculation prepared. Three years passed with twelve miscalculations. Finally back in court my caseworker asked the judge if he could do away with the three judgments and just go from day one a payment was missed. She stated the judgments were making it to difficult to calculate what was owed. Against my wishes he did and that is how the final calculation was prepared. Now I have the payment histories and that is not how the money paid was applied to child support or arrears including a income tax intercept. I also thought arrears owed could not be modified and this seems like modification of arrears to me. I asked for a hearing concerning the distribution of payments and was turned down they said they could not change a judicial order. Any sugestions? Was this legal?

 

[seniorjudge]

Arizona.

I was divorced in 1983. Received no child support for six years. 1989 I received a judgment for $12,000.00. From 1989 until 1996 I received another judgment for child support arrears in amount of 6,500.00. Son emancipated in 1999 and then received final judgment for 963.00. After son emancipated ex quit paying anything regularly. I filed a remodification to set an amount to be paid monthly. In court that day nobody knew the exact amount owed so judge ordered us to get with Expedited Support to have a calculation prepared. Three years passed with twelve miscalculations. Finally back in court my caseworker asked the judge if he could do away with the three judgments and just go from day one a payment was missed. She stated the judgments were making it to difficult to calculate what was owed. Against my wishes he did and that is how the final calculation was prepared. Now I have the payment histories and that is not how the money paid was applied to child support or arrears including a income tax intercept. I also thought arrears owed could not be modified and this seems like modification of arrears to me. I asked for a hearing concerning the distribution of payments and was turned down they said they could not change a judicial order. Any sugestions? Was this legal?

Of course a judicial order can be changed.

Have your lawyer file an appeal.