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  1. #1
    shesaidwhat is offline Member
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    Motion for decretal judgment

    What is the name of your state (only U.S. law)? Case in WV - I live out of state

    NCP has failed to pay child support since divorce on a regular basis, and most recently only made two very small payments from July 2009 through February 2010.

    I received papers in the mail from the court titled Motion For Decretal Judgment. The papers say specifically:[LIST][*]by previous order NCP was ordered to pay support.[*]Since the date of the orders, NCP has accumulated arrearage in the sum of XXXXX . . .[*]Statutory interest has accumulated on the arrearage and continues to accumulate.[/LIST]
    ************** Moves for the following relief:[LIST][*]That decretal judgment be granted against NCP in the sum of XXXXX . . .[*]That this court order NCP to discharge said arrearage immediately, which may include making payments in addition to current support payments, assigning income tax returns or bonuses to the BCSE, and any other payment ordered by the court.[*]To order NCP to post security or bond to ensure payment of arrearage[*]NCP must notify BCSE in 5 days of any changes . . .etc.[/LIST]

    It is signed back in January by a BCSE representative.

    My questions are as follows:

    1. Does this mean that he was already taken to court?

    2. Is this an order or just a 'pre-order' thing (obviously I'm not up on the legal terminology) in which he will have a certain time frame to catch up the past due amount?

    3. I know what a security/bond is, but how does this sort of thing work regarding child support?

    4. Is there anything that I need to do or is the BCSE handling everything? Like I said, I knew he was behind, but that's just kind of par for the course, and had no idea they were actually going to do anything about it.

    5. I believe he is attempting to get qualified as disabled from his active duty time in the reserves. He has worked sporadic jobs off and on and never held a full time job for more than a few months at a time. I know this man, and I have all respect for our service-men and women, however, I also know that this is his last chance try to get out of paying child support - he has said as much. Will he be exempt from paying if he gets this to go through?

    6. Lastly, on a more personal note, NCP has had no contact with child since July 2009 - by his own choosing. This is not unusual; he's disappeared for over a year at a time before and has very little ordered visitation, which he chose not to exercise over Christmas. We do have mutual friends though, and Step-Mom seems to think (and continues telling them) that these papers are a result of my taking them to court in order to try to "get more money" and has said she's hiring lawyers. Would that not be pointless? What is there to fight? I haven't asked for an increase since 2005, the amount he is ordered to pay is very small, and I had no personal part in these papers/motions at all.
    Last edited by shesaidwhat; 04-05-2010 at 04:47 PM.
  2. #2
    shesaidwhat is offline Member
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    Anybody?

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