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Author Topic: What if anything can I do?...m  (Read 1145 times)

Giggles

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What if anything can I do?...m
« on: Dec 15, 2006, 08:05:10 AM »
Custody order in MD, CS order now in WI.  CP lives in MD with child, NCP lives in MI.

8 years ago custody and CS were set in MD.  Judge stated CS amount of $275 per month but an order (for some reason) was never written up and this error was discovered by CP when applying for a Mortgage program.  NCP had been paying sporatically, usually 9 months out of 12 were paid (he often did not pay during the summer when he had child for visitation).

CP (me), then went to MD CSE office in JULY 2005 to "establish" a CS order.  CSE office sent paperwork to MI CSE who returned it stating NCP did not reside in MI and that WI has jurisdiction.  Paperwork was then submitted to WI CSE (NCP lives on the border of WI/MI) who stated NCP does not live in WI, send to MI...grrr.  Finally CSE office got confirmation from NCP employer and papwork went through WI CSE.

I JUST received the CS order from WI that states the NCP resides in MI.  That he is to pay $275 per month starting on Jan 01, 2007 and that he owes no arrears.  The court date was December 6th, 2006 and I was never notified of this.

Questions:

1.  I filed for the CS order in July of 2005, shouldn't the order be dated BACK to that date?

2.  Should I have been notified that a court date was set?

3.  According to my calculations (and the missed payments during the summer), NCP should have had an arrearage amount of $1,925, yet the order states he owes NO arrearages. Can I dispute this?

4.  WI bases CS on a flat 17% of income.  I estimate his income to now be approximately $13 an hour which would make the CS amount to be $383 a month.  Yet the court set the CS at the original CS amount of $275, can I ask for a Modification or even an accounting of what they based the CS amount on?

Any other advice is GREATLY appreciated!
Thanks!!!
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socrateaser

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RE: What if anything can I do?...m
« Reply #1 on: Dec 15, 2006, 04:06:04 PM »
>Questions:
>
>1.  I filed for the CS order in July of 2005, shouldn't the
>order be dated BACK to that date?

No, because your filing with CSE is not the same as filing a motion in court. Apparently it took some time to locate and file the legal action in court against the obligor parent, but the date of that filing is the date that matters.

>
>2.  Should I have been notified that a court date was set?

Not necessarily. You're only a witness to a CSE case, because CSE is the party against the obligor parent. If you want to be a party, you have to file in court yourself.

>
>3.  According to my calculations (and the missed payments
>during the summer), NCP should have had an arrearage amount of
>$1,925, yet the order states he owes NO arrearages. Can I
>dispute this?

You can dispute it, but you'll lose.

>
>4.  WI bases CS on a flat 17% of income.  I estimate his
>income to now be approximately $13 an hour which would make
>the CS amount to be $383 a month.  Yet the court set the CS at
>the original CS amount of $275, can I ask for a Modification
>or even an accounting of what they based the CS amount on?

You can certainly ask. CSE has an interest in maximizing the amount recovered, so there's no reason why they would try to lowball the number to you.

 

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