• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Arrears

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

uofa82

Junior Member
Arizona

I need some help, I have court on mon. for child support and I'm trying to prepare all my paperwork to present and I want to know more about arrears or what paperwork I should take in.
 


Proserpina

Senior Member
Arizona

I need some help, I have court on mon. for child support and I'm trying to prepare all my paperwork to present and I want to know more about arrears or what paperwork I should take in.


Well, why are you in arrears? By how much? Have you lost a job?

Are you currently paying?
 

uofa82

Junior Member
This is a modification from the judge telling me earlier this year that I was behind like 20k. I'm paying child support every month now, but I don't know how the judge came out with his numbers for the arrears.
 

stealth2

Under the Radar Member
How long ago was that last hearing, and how long have you known about the upcoming one? Why didn't you prepare sooner?
 

uofa82

Junior Member
Since march, less than a month I started a new job which pays slightly less but its way close to where I live. That's when I filed the paperwork with the court to try to change my payments.
 

mistoffolees

Senior Member
This is a modification from the judge telling me earlier this year that I was behind like 20k. I'm paying child support every month now, but I don't know how the judge came out with his numbers for the arrears.
Then you bring in your record of payments and the court order(s) showing how much you are supposed to pay and calculate how far behind you are. You will have to add interest.

If they come up with a significantly different figure, ask to see the figure and how it was determined. Challenge anything that doesn't look right.
 

uofa82

Junior Member
K thanks, but is there a way I can calculate the arrears myself beforehand? My friend told me about the AZ website where I can calculate the child support but I couldn't come up with anything on arrears. Does anyone know how they're usually calculated?
 

stealth2

Under the Radar Member
Since march, less than a month I started a new job which pays slightly less but its way close to where I live. That's when I filed the paperwork with the court to try to change my payments.
So... You've known since MARCH that the court believes you owe $20k, and for a month that you were to be in court on Monday? Yet you wait 'til 2 days before? Oy...

How many payments have you missed? Start by adding those up. Then google statutes for your state regarding the interest arrears accrue.
 

mistoffolees

Senior Member
K thanks, but is there a way I can calculate the arrears myself beforehand? My friend told me about the AZ website where I can calculate the child support but I couldn't come up with anything on arrears. Does anyone know how they're usually calculated?
Add up the total you should have paid by now.

Add up the amount you actually paid by now.

Subtract. That is the arrears.

You will need to add interest which is slightly more complicated, but getting the basic number is trivial.
 

uofa82

Junior Member
I'm sorry if I might not be asking my question the right way. I'm trying to find out how the judge determined the arrears amount back in march. All he asked me was how much I made an hr.
 

stealth2

Under the Radar Member
I'm sorry if I might not be asking my question the right way. I'm trying to find out how the judge determined the arrears amount back in march. All he asked me was how much I made an hr.
We weren't in court, so we have no way of knowing. You've been told how to calculate what you think you owe - you'll need to ask the judge how s/he calculated it. You'll have to ask the judge how s/he calculated it if the numbers don't match.

Again - WHY did you wait this long?
 

uofa82

Junior Member
So I had my modification court today and I asked the judge that I didn't agree with the amount of the arrears I was ordered to pay. I told him that I had all my taxes from the years he order to prove how much I made. He said that I would have to come to an agreement with mom to see if she could agree on a number or file for another hearing to present my proof. I'm still confused.
 

Silverplum

Senior Member
So I had my modification court today and I asked the judge that I didn't agree with the amount of the arrears I was ordered to pay. I told him that I had all my taxes from the years he order to prove how much I made. He said that I would have to come to an agreement with mom to see if she could agree on a number or file for another hearing to present my proof. I'm still confused.
I'd tell you to hire an attorney, but then you'd be spending money that should go to your child.

So. Talk with Mom and see if you and she can agree on a number. If not, then file for another hearing and bring your bank records showing what you have paid toward the arrears and toward the regular ongoing support.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top