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Old February 19th 05, 05:00 AM
Bob Whiteside
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"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.