What is the name of your state (only U.S. law)? NC
May be confusing so bear with me a minute... NCP ordered to pay $446 in Jan 08 and provide health insurance. Cancelled insurance and went back for modification in March 08 changing order to $490 which had an error in daycare expenses which I realized once I got the paperwork. 60b motion was filed to make adjustments (aka, we screwed up motion). In the meantime NCP filed motion to modify/reduce. 60b and modification were heard May 21st, 2008. At that hearing support was set at $503 plus $17 for arrears and his motion was denied and his testimony that he is making less than $2k a month was found NOT credible since he just bought a house and put down $22k with a $1200 mortgage and purchased 2 other rental properties in 2007 with total down payment of over $60k? WOW is right all on a salary of less than $24k a year? And, yes he is lucky they only charge his at $24k a year because that is obviously not the real story, but he is self employed!
He has only made one payment of $504 in June which was random since it was $16 short of the ordered amount, but he is just dumb like that. Therw was over 90 days arrears at the May 21st hearing but when the judge told him his testimony was not credible they started arguing and she told him to leave, he stormed out and the arrears never got addressed (yes, the legal system sucks!). So that day my case worker file a motion to show cause and the earliest available date was/is Sept 9th. On July 9th he went in and filed another motion to modify (because the 5 times we have been there in the past year have not allowed the courts to figure he is a liar!) Of course because the system is fair to all parties (please note my laughter he was able to get that same Sept 9th date to be heard for a reduction.
This week we had our permanent custody trial and thank God I was awarded sole custody because he has not complied with any orders of the court and missed 64 of 80 visits in 6 months. As of Sept 9th when we go to support court he will be $3231 in arrears with a compliance arrears of $2229. Trust me, I know this is a miniscule amount compared to most people, but my daughter just turned 1 and I am not looking to watch this amount go up every month while he gets his every other weekend visit. Her daycare alone is $1055 a month which is actually one of the less expensive daycares in our community and I need his help. On Sept 9th our new figures with daycare now added should take his new amount to $776 which is going to shock him since he is going for a reduction.
OK, now my question... Any experience in NC on arrears purges? I would like to ask the judge for a purge of the entire amount of the arrears since he is obviously willfully avoiding paying (he paid me $3k on a deed of trust I help on a rental property when he had 5 year so he obviously has money). I hear that it is typically closer to 10%. If so that is crazy and it is no wonder there was $106 BILLION in uncollected support. I know it is at the judges discretion as to the amount, but does anyone know what is typical and if there is ANYTHING I can do to make sure this amount is as high as possible. I am sick of fighting about it but taking $17 a month for arrears and then letting him get another $3k behind to accept $300 and then increase it to $24 a month for arrears seems silly. I have a friend who has an arrears payment for her kids that her ex will pay off when the youngest is 42 if he stays current (she just turned 8!)
Any advise on evidence or anything to get the higest purge amount would be greatly appreciated!