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Author Topic: Question on arrears, please read, thanks  (Read 1425 times)

missmindy

  • Guest
Question on arrears, please read, thanks
« on: Mar 17, 2004, 02:59:55 PM »
I posted here awhile back about my husband's situation and it's FINALLY going to court. I need some opinions now.....my husband and his ex broke up in 1995, and child support was started in that year. It was paid by IDO from 1995 until 2001. (Payments were missed due to changes in employment, missed work, etc., amounting to about $1700 in that time period). In 2001, at their court date for contempt against my husband for being behind, the mom asked the courts to stop their involvement and DOR so he coupld pay her directly (she didn't like something about how they were doing it, ?????). The court granted this request and he began paying her directly, and got signed receipts each time. He paid her what they agreed on between themselves, $160 a month. When they went to court, the DOR rep told her that if she closed the case with them that she forfeited the arrears and she agreed and said she understood. It was written up and signed, all the usual stuff. He has missed payments since it was closed as well, and they had discussed that this would happen sometimes due to the nature of his emplyment. (Outside work that is affected by the weather). So now the court date is for the "arrears" that she is taking him to court for. In his understanding there was no longer a legal obligation for support after it was closed, and certainly that those previous arrears were abated. She swears that he is hung because the order states that "all ongoing support and arrears payment will be made directly to the custodial parent" (what the order said, the one that states the case was closed). In your opinion, what do you think will happen? She has filed an affidavit of delinquency; does that mean it is already established that this amount is in arrears? The deputy clerk signed it, that the amount is true. What do you thin he can expect out of this? This woman is so greedy and vindictive it's not even funny. (BTW, the case started back through the courts in September of 2003, thank God. She has accused me of forging her name to the child support receipts, NOT TRUE). Thanks for any input.


 

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