• 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 remitted without prejudice

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

AprilLB67

New member
My son was recently given a court order dated 6/4/2020 that stated that he was unable to pay child support so his financial obligation was zero. Under the section "Other Information" it stated Arrears remitted as follows $18,479.93 non-tanf/Madelynn/Child Support, $1,824.22 non-tanf/Madelynn/Family Medical. The effective date of this non-financial order is 3/16/20, the date Mercer County DRS rec;d deft's documents from state of MI. Guideline amount: $0 DRS Recommended Amount: $0 DRS Recommended Order Effective Date: 3/16/20
My son currently lives in MI and his ex-wife lives in PA with their child. Does this mean that my son has to pay the arrears or not?
 


Zigner

Senior Member, Non-Attorney
That would be a great question for your son to ask the folks that sent the notice.
 

quincy

Senior Member
Your title says “Arrears remitted without prejudice.”

“Without prejudice” means no rights have been waived. Where did your son run across these words?
 

Mass_Shyster

Senior Member
That is so different from (what I believe is) the most common understanding of the word...
I hear it used that way on a daily basis in court. When a case is resolved, but the defendant still owes various fees, the judge will frequently remit the fees. I can assure you, it does not mean that the judge reached into her pocket and paid the fees herself.
 

Zigner

Senior Member, Non-Attorney
I hear it used that way on a daily basis in court. When a case is resolved, but the defendant still owes various fees, the judge will frequently remit the fees. I can assure you, it does not mean that the judge reached into her pocket and paid the fees herself.
Thanks for the info :)
That means that the OP's son had the listed amounts forgiven (remitted).
 

PayrollHRGuy

Senior Member
So one could remit to a judge a request to remit a fine that one did not remit when due to the fact that he thought it was someone else's remit.
 

zddoodah

Active Member
From Black's Law Dictionary (Pocket Edition 1996)
remit, vb. 1. To pardon or forgive
Interesting. My copy of Black's (Abridged Fifth Edition, 1983) defines "remit" as follows: "To send or transmit; as to remit money. To send back, as remit a check or refer a case back to a lower court for further consideration. To give up; to pardon or forgive; to annul; to relinquish; as to remit a fine, sentence, or punishment." I've personally never heard of the "forgive" definition.
 

quincy

Senior Member
“Forgive” probably is not the most common use of the word remit. I suspect the use here has to do with a transfer of the case from Michigan to Pennsylvania. It seems unlikely that an $18,000+ arrearage would be forgiven.
 

Mass_Shyster

Senior Member
A google search for "pa court arrears remitted" brings up a few entries that appear to me to indicate that the arrears have been forgiven. Specifically http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.19.html (which appears to be an "official" source)
(f) Upon notice to the obligee, with a copy to the obligor, explaining the basis for the proposed modification or termination, the court may modify or terminate a charging order for support and remit any arrears, all without prejudice, when it appears to the court that:

(1) the order is no longer able to be enforced under state law; or

(2) the obligor is unable to pay, has no known income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future.

The notice shall advise the obligee to contact the domestic relations section within 60 days of the date of the mailing of the notice if the obligee wishes to contest the proposed modification or termination. If the obligee objects, the domestic relations section shall schedule a conference to provide the obligee the opportunity to contest the proposed action. If the obligee does not respond to the notice or object to the proposed action, the court shall have the authority to modify or terminate the order and remit any arrears, without prejudice.
 

quincy

Senior Member

Find the Right Lawyer for Your Legal Issue!

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