CS Arrears-Statue of Limitation
 

A few questions:

1. What really happens when the Statue of Limitation is met, and NCP is still paying arrears? Does the NCP just stop payment? Michigan is set at 10 years from the last day of payment due? So when the 10 years are up, payments stop?

2. Who really controls the arrears? Michigan keeps stating to us, the they will ask the CP if she will agree to those terms? WHat the hell does that mean? If a court orders you to pay, you have to pay, what the Hell does the CP have anything to do with that? Is Michigan CSE pulling our legs?

3. Michigan wants us (it affects my household thats why I am involved) to pay up front $$, and will set the rest as monthly payments, like I have a money tree in my backyard? What is the reason in making these statements.

The CP waited for 15 years and now is wanting $$$ for children that my DH has never had a relationship with. THese kids are married, and over 21 years old. What can we do to stop this maddness?

HELP.......

"amb" wrote in message
...

A few questions:

1. What really happens when the Statue of Limitation is met, and NCP
is still paying arrears? Does the NCP just stop payment? Michigan is
set at 10 years from the last day of payment due? So when the 10 years
are up, payments stop?

There can be variations form state to state, so I will explain how it works
in my state. Then you can look up the Michigan law to determine if it
varies any.

I am not sure what you mean by "statute of limitations." If I get what you
are asking, the correct term for what is owed is the "money judgment" and
the parties are referred to as the judgment creditor (the CP) and the
judgment debtor (the NCP). It seems you are asking how long a money
judgment is valid. Most states vary from 7-10 years after the last CS
payment accrue on the money judgment. Whne the children have all reach the
age where they are no longer covered by the CS order, the payments for
arrearages continue on at the previous order amount. The previous add-on
for the arrears is no longer paid, but it increases to the order amount. If
the money judgment is not paid in full during the next 10 years, the
judgment credit has the option to "re-up" the judgment for another 10 years.


2. Who really controls the arrears? Michigan keeps stating to us, the
they will ask the CP if she will agree to those terms? WHat the hell
does that mean? If a court orders you to pay, you have to pay, what the
Hell does the CP have anything to do with that? Is Michigan CSE pulling
our legs?

The only option I am aware of that CSE could be referring to is the option
for the NCP to provide a Full Satisfaction of Judgment that would wipeout
any remaining amount due.


3. Michigan wants us (it affects my household thats why I am involved)
to pay up front $$, and will set the rest as monthly payments, like I
have a money tree in my backyard? What is the reason in making these
statements.

I have no idea what they are suggesting for you to do regarding a lump sum,
up front payment. If you can provide a few more details, perhaps we can
figure it out. The second part of your statement is consistent with how my
state handles ongoing arrearages after the CS order has run its course, i.e.
the balance remaining is paid off in monthly payments at the previous order
amount.

"Bob Whiteside" wrote in message
k.net...

"amb" wrote in message
...

A few questions:

1. What really happens when the Statue of Limitation is met, and NCP
is still paying arrears? Does the NCP just stop payment? Michigan is
set at 10 years from the last day of payment due? So when the 10 years
are up, payments stop?

There can be variations form state to state, so I will explain how it
works
in my state. Then you can look up the Michigan law to determine if it
varies any.

I am not sure what you mean by "statute of limitations." If I get what
you
are asking, the correct term for what is owed is the "money judgment" and
the parties are referred to as the judgment creditor (the CP) and the
judgment debtor (the NCP). It seems you are asking how long a money
judgment is valid. Most states vary from 7-10 years after the last CS
payment accrue on the money judgment. Whne the children have all reach
the
age where they are no longer covered by the CS order, the payments for
arrearages continue on at the previous order amount. The previous add-on
for the arrears is no longer paid, but it increases to the order amount.
If
the money judgment is not paid in full during the next 10 years, the
judgment credit has the option to "re-up" the judgment for another 10
years.

I had heard somewhere--can't remember where--that they cannot garnishee your
paycheck when the only amount left to pay is arrearages. Do you know if
that is true?

"teachrmama" wrote in message
...

"Bob Whiteside" wrote in message
k.net...

"amb" wrote in message
...

A few questions:

1. What really happens when the Statue of Limitation is met, and NCP
is still paying arrears? Does the NCP just stop payment? Michigan is
set at 10 years from the last day of payment due? So when the 10 years
are up, payments stop?

There can be variations form state to state, so I will explain how it
works
in my state. Then you can look up the Michigan law to determine if it
varies any.

I am not sure what you mean by "statute of limitations." If I get what
you
are asking, the correct term for what is owed is the "money judgment"
and
the parties are referred to as the judgment creditor (the CP) and the
judgment debtor (the NCP). It seems you are asking how long a money
judgment is valid. Most states vary from 7-10 years after the last CS
payment accrue on the money judgment. Whne the children have all reach
the
age where they are no longer covered by the CS order, the payments for
arrearages continue on at the previous order amount. The previous
add-on
for the arrears is no longer paid, but it increases to the order amount.
If
the money judgment is not paid in full during the next 10 years, the
judgment credit has the option to "re-up" the judgment for another 10
years.

I had heard somewhere--can't remember where--that they cannot garnishee
your
paycheck when the only amount left to pay is arrearages. Do you know if
that is true?

In my state (Oregon), the amount of wage withholding when arrearage only
support is owed is: a.) the amount of the last ordered monthly amount plus
employer fee, b.) if no monthly amount existed, the amount used to calculate
the arrearage amount in the judgment for arrearage, or c.) a guideline
calculation for monthly support using the obligor's gross income and 0
income for the obligee.

Those rules allow garnishment of wages when only arrearage CS is owed.

In article , teachrmama says...


"Bob Whiteside" wrote in message
nk.net...

"amb" wrote in message
...

A few questions:

1. What really happens when the Statue of Limitation is met, and NCP
is still paying arrears? Does the NCP just stop payment? Michigan is
set at 10 years from the last day of payment due? So when the 10 years
are up, payments stop?

There can be variations form state to state, so I will explain how it
works
in my state. Then you can look up the Michigan law to determine if it
varies any.

I am not sure what you mean by "statute of limitations." If I get what
you
are asking, the correct term for what is owed is the "money judgment" and
the parties are referred to as the judgment creditor (the CP) and the
judgment debtor (the NCP). It seems you are asking how long a money
judgment is valid. Most states vary from 7-10 years after the last CS
payment accrue on the money judgment. Whne the children have all reach
the
age where they are no longer covered by the CS order, the payments for
arrearages continue on at the previous order amount. The previous add-on
for the arrears is no longer paid, but it increases to the order amount.
If
the money judgment is not paid in full during the next 10 years, the
judgment credit has the option to "re-up" the judgment for another 10
years.

I had heard somewhere--can't remember where--that they cannot garnishee your
paycheck when the only amount left to pay is arrearages. Do you know if
that is true?
====
In our case: When my stepdaughter turned 18, the judge ordered the arrears
payment to equal the regular payment amount (at that time it was 600. mo for
her) until paid in full. The income withholding remained until the arrearage was
paid in full. I do not know whether we could have appealed it--We just wanted it
over with ASAP.
====

Thanks so much....I am going to review the Michigan laws again, I found nothing on what they are doing. Mabye new laws were implemented since I lasted check, dang, I am not a lawyer, and we know how great lawyers are...they only want $$$$.

As for wage ganishments, I know that Michgian can ganish wages for both current and arrears CP.

Some women are simply EVIL, and they hurt others by their selfish actions....However, I do beleive in Karma...Thanks again