Child Support Interest

[deniseerv]

What is the name of your state? Minnesota:Question:I was served a Motion to Stop Accrual of Child Support Interest. My ex-husband never paid child support for a number of years so 4/4/02 the court ordered him to pay $270 per mo., until the arrears are paid in full or until further oder of the court. The arrears are made thru automatic income withholding. The petitioner is in arrears in the amount of $22869.87. The petitioner has paid me so far $`10,000 some but the interest on this is building (it's still at $24,000 some) so he wants to motion to have it stopped the interest. I need to file within 14 days if I want to object or respond to the changes they are requesting. I want to ask for my money in full but do not know if I can do that, is there any law or statue out there for my protection for this. I do not know how the interest works on this and how long does he pay with this interest building. I want to counter motion objecting to the relief requested but do not know how or what form to use? They say a counter motion is where I can raise new child support issues, in addtion to responding to the issues in this motion. His argument is that he has made both complete and timely payments of both current support and court-ordered paybacks of my child support debt or arrearage. He attached an affidavit proof that he has made payments consecutively for the last 36 months. What can I do? Please help me?????? I appreciate everything. Denise

 

[deniseerv]

What is the name of your state? Minnesota:Question:I was served a Motion to Stop Accrual of Child Support Interest. My ex-husband never paid child support for a number of years so 4/4/02 the court ordered him to pay $270 per mo., until the arrears are paid in full or until further oder of the court. The arrears are made thru automatic income withholding. The petitioner is in arrears in the amount of $22869.87. The petitioner has paid me so far $`10,000 some but the interest on this is building (it's still at $24,000 some) so he wants to motion to have it stopped the interest. I need to file within 14 days if I want to object or respond to the changes they are requesting. I want to ask for my money in full but do not know if I can do that, is there any law or statue out there for my protection for this. I do not know how the interest works on this and how long does he pay with this interest building. I want to counter motion objecting to the relief requested but do not know how or what form to use? They say a counter motion is where I can raise new child support issues, in addtion to responding to the issues in this motion. His argument is that he has made both complete and timely payments of both current support and court-ordered paybacks of my child support debt or arrearage. He attached an affidavit proof that he has made payments consecutively for the last 36 months. What can I do? Please help me?????? I appreciate everything. Denise

 

[hound dog]

How old are the children?

 

[Rldunc]

I am not a lawyer,

but my understanding is that a "motion" would still have to be heard in front of a judge before it is granted or denied. In other words, if you don't file a response, it doesn't mean he gets it by default. A "petition" has to be responded to within certain time. It's logical on his part to ask this, because the interest is killing him. Of course, it's his own fault. I'm with you on this one, I also went without CS and then got interest plus.

As far as the motion, file something like "CounterMotion objecting to Motion to Stop Accrual of Child Support Interest" File additional motion(s) asking for your other issues. If you can't find a form online, use HIS form, retype it in a Word processor with the same information at the top, (style) but fill out YOUR request in the body of the motion. Refer to each of his points and explain why you object or feel that he is NOT entitled to this relief. Agree with anything you agree with. For example, his may say something like, "as of (date) the petitioner is in arrears the amount of $24,XXX". If it's true, say so. It doesn't have to be perfect, it does have to have all required sections. Heading, title, body, affidavit of service, signature, etc. See if your court has online forms, ask at the courthouse for blank forms, ask if they have help for self-represented parties. You could hire a lawyer, too.

Chances are the judge might give him a break on the interest, if he's keeping current. If there are other issues?? Judge would rather see him continue paying and not leave the country or be in contempt. The interest is extra money, over and above child support. Most judges try to be fair. Good luck, hope this helps.

Added: Try this link, and do a search on Minnesota courts. http://www.courts.state.mn.us/ctforms/childsupportdistrict_index.asp