support arrearages

[allalone]

In 1996 I was ordered to pay child support arrearages of $4,600.00 in installments of $100.00 a month on the fifth of each month, if the payment was more than ten days late the entire amount would become due and payable and would accrue interest at 10% per anum. I paid the entire amount off in June of 2000. In August of 2003 my ex filed a notice of delinquency stating that I had paid her nothing at all, after a forensic cpa checked my bank records it was discovered that I had actually over paid by approximately $350.00 but that I was 20 days late with the third payment . He calculated the interest less the overpayment through July of 2004 and says I owe $950.00 in interest. I have checked the laws on this and found that Interest ceases to accrue on payment of the ballance so interest should have stopped accruing in June of 2000. Also Child support laws say that if within 30 days of a notice of delinquency the arrearage has been paid in full , that there will be no interest penalty. I filed a motion to determine arrears in August of 2003 now the matter is going to trial can this matter go to trial if the other side did not file a motion to enforce the prior order. It seems as if the court has no intention of holding the other side to the civil code of proceedure or the local rules of proceedure, or take any notice of the perjury on the notice of delinquency. I can't  help but think I am getting railroaded by the court here . I am in pro per and can not afford council, this is only one part of the ongoing campaign to ruin my life that my ex is wgeing on me for some ten years now , what should I do ?

[KAT]

You might want to post this on Socreaters board (using the guidelines). It was over 3 years before she decided that she was owed money so you might be able to use the laches defense. I'm just not sure if you would be able to do so now considering how far this has gone. You can find the definition here:
http://www.lectlaw.com/def/l056.htm
Don't worry, the games WILL end some day!!!!!
KAT

[allalone]

>You might want to post this on Socreaters board (using the
>guidelines). It was over 3 years before she decided that she
>was owed money so you might be able to use the laches defense.
>I'm just not sure if you would be able to do so now
>considering how far this has gone. You can find the definition
>here:
>http://www.lectlaw.com/def/l056.htm
>Don't worry, the games WILL end some day!!!!!
>KAT
The Laches Defense can not be applied after Jan 1 2003, the problem I have is that the court is ignoring the actual laws and applicable codes which say that if the ballance is paid in ful within 30 days of a notice of delinquency then there are no penalties, but the court refuses to acknowledge me when I bring up the law , and they just keep ruling in favor of the other side regardless of the perjury and transgressions of law on their behalf. I have exhausted all my resources and can not pay for an attorney to present my case

[cynthiann]

My fiance is in a similar predicament.  He wasn't sent a delinquency note, though.  He was served a summons.  As soon as he got it, he paid it in full.  He has a real good defense as to why he hadn't paid it. In fact, a little over a year ago, he was ahead by several months because he was anticipating being laid off.  Moreover, the mother has never let him see this child.  To make a really, really long story short...the mother is the jailer in this small town that we have to travel to for the court dates, she has pull and that's not just my opinion, it's everyone's.  After being told that since he paid in full, it was normal procedure to drop it, especially since it was a first offense.  That's when we asked where we needed to start to get visitation.  That's when the shit hit the fan.  He was given a plea bargain to trade jail time for 5 years of probation with felony status (perfect for the mother who doesn't want him to have visitation, but does want him to continue working), random drug tests, subject to warrantless searches, no alcohol, no eating in restaurants that serves alcohol, no firearms, etc.  He wouldn't sign this, so now he has a date in March for a jury trial and if he is found guilty, which technically he is, he will receive 1 - 5 years.  Until then he is on a $10,000 unsecured bond with a 6 curfew and other rules similar to the ones above.  Has anyone ever heard of anything like this!  We've been summoned down there 3 times and was told to shut up by the judge when he tried to defend himself.

[Bolivar OH]

"Has anyone ever heard of anything like this!"

--->NO


"....random drug tests, subject to warrantless searches, no alcohol, no eating in restaurants that serves alcohol, no firearms, ....."

---> for being delinquent on CS.

---> please tell us more cynthiann.

[allalone]

What Crime is he being accused of ? I don't know what State you are in but there has to be more to this story. If you are in CA take a look at the CA Civil Code Of Procedure Section 650.010 or just type Interest on child support arrearages in your browser or any other key words that may describe your situation .

[Bolivar OH]

You are absolutely correct allalone.


That is why I am interested

 "IN THE REST OF THE STORY"

[olanna]

and  I thought I had it bad...this is unusual for CA...what area??? southern CA?

[you tell me]

I am in a very similar situation but I'm currently accruing interest.  Is this legal?  My case is in California.  What state is your case in?