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  1. #1
    Join Date
    Dec 2004

    Statue of Limitation of collection of arrearage/interest?

    What is the name of your state? West Virginia.
    Attempted to post this but it didn't allow me, therefore if this is a repeat, I apologize, otherwise, please help.

    Long story short. Received a "Motion to Determine Arrears and Motion for Judgement" today, but looks to have been filed on Jun 29, 2004. The papers indicate last payment made was April 2004, but when called CSE they said the last payment was received on 12/23/04. We called to understand what this was for, and were told "They are attempting to secure the amount of $35,544.46, because the case is so old they need the judge to allow them to continue to collect the arrears."

    CSE sent us a paper about a week ago, saying that the principals owed was $8374 child support and $2000+ spousal support. Therefore the additional $25,000+ is interest. Hubby's ex-wife has told me she hasn't received anything from CSE in over a year now. His daughter is now 27 years old (so all who say it stops, not in West Virginia). Daughter has gone to court many times in attempt to reduce/stop payments. She knows she would get more if he didn't have to pay this arrears.

    While she was still under 18, we paid child support and paid for everything going on, including her to stay with a family for a while. Early on (1988) he paid directly to his ex, but this was not counted in anyway toward what he owed, because she was collecting welfare as well (she won't admit to this in court).

    The order had been moved to Maryland, then moved back to WV. While in Maryland, the balance reached $5433, then when it went back to WV, it went back up to $18,???. They said the interest was accruing, even while the state that was running the case did not charge interest. Then when he changed residence back to WV, they took the case back, but we were not notified and continued paying to where the order still stood. Not sure we ever got the full amount that we paid properly adjusted, as Maryland closed the account number, and put the money into a fund.

    Hubby had to change careers earlier this year, which led to a cut in pay greater than 50%. With the child support deductions he brings home <$500/month, which means that I support our household, including child care for our son. Court doesn't take him into consideration at all.

    The assistance we are looking for, is the following:
    Is there a statue of limitation on the collection of arrearage in WV?
    Is there a way to stipulate the amount owed be the principal, not including the interest?
    As money is extremely tight, is there any services available for him to use?
    Should we attempt to bring his daughter and ex to court with us?
    Can we do anything prior to hearing date, to clear out this arrears based on timeframe or daughter/ex signing something to clear it out?

    Any help would really be appreciated. He is despondent over situation. The harder he works, the worse things get. He currently works 6 days a week.

  2. #2
    Are you planning on paying the principal balance in full? If you are, you can probably cut a deal with the child support enforcement agency. We were told if we paid the entire arrearages that the interest accrued would be dropped. I'm not sure if your agency will do the same, but it's worth a try. One reason we agreed to do this is because the interest is outrageous on child support. As you've proved in your post, in the long run, you pay WAY more in interest then you actually OWE in back child support.

  3. #3
    People that post these kinds of questions are beyond belief....which is usually the new wife/girlfriend. If your hubby had just paid his CS as ordered in the first place.....you wouldn't now find yourself in such a mess! Pity you for marrying and reproducing again with someone like this

  4. #4

    There are two sides to every story though. I agree with you that people should pay their child support on time, but what about people who are in the situation my husband is in? Thanks to the fact that his ex won't admit that he paid her directly for child support before there was an order (and his stupidity in not recording those payments) he owes $3000 in back child support. Of course, we have to eat it because he can't prove he paid it. Sometimes we don't know the whole story.

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