miscalculation of arrears

[nocinderella]

In Arizona 1999 I filed a remodification order because our son had emancipated and my ex quit making payments but still owed a substantial amount of arrears. The judge ordered us to get with Expedited Support to have a calculation prepared because nobody knew the exact amount. For three years my case went back and forth from Expedited Support to the Attorney Generals Office. I have twelve miscalculations from both offices. The problem was the interest. They did not want to give me the interest on the missed monthly amounts of child support. I had three judgments. The caseworker asked the judge to do away with the three judgments because they were making it to difficult to calculate. She wanted to go from day one that a payment was missed. He did against my wishes. The calculation said only interest was owed in the amount of sixteen thousand something. I just found out they calculated incorrectly. They were suppose to apply a payment against interest first then principal from 1983 until November 1998 when they changed the law and payments were first applied to principal then to associated interest. That calculation order was signed in 2003 can I do anything about this or is it to late?

 

[seniorjudge]

In Arizona 1999 I filed a remodification order because our son had emancipated and my ex quit making payments but still owed a substantial amount of arrears. The judge ordered us to get with Expedited Support to have a calculation prepared because nobody knew the exact amount. For three years my case went back and forth from Expedited Support to the Attorney Generals Office. I have twelve miscalculations from both offices. The problem was the interest. They did not want to give me the interest on the missed monthly amounts of child support. I had three judgments. The caseworker asked the judge to do away with the three judgments because they were making it to difficult to calculate. She wanted to go from day one that a payment was missed. He did against my wishes. The calculation said only interest was owed in the amount of sixteen thousand something. I just found out they calculated incorrectly. They were suppose to apply a payment against interest first then principal from 1983 until November 1998 when they changed the law and payments were first applied to principal then to associated interest. That calculation order was signed in 2003 can I do anything about this or is it to late?

Q: That calculation order was signed in 2003 can I do anything about this or is it to late?

A: Do you really think the court system wants this thing litigaged some more?

 

[LdiJ]

In Arizona 1999 I filed a remodification order because our son had emancipated and my ex quit making payments but still owed a substantial amount of arrears. The judge ordered us to get with Expedited Support to have a calculation prepared because nobody knew the exact amount. For three years my case went back and forth from Expedited Support to the Attorney Generals Office. I have twelve miscalculations from both offices. The problem was the interest. They did not want to give me the interest on the missed monthly amounts of child support. I had three judgments. The caseworker asked the judge to do away with the three judgments because they were making it to difficult to calculate. She wanted to go from day one that a payment was missed. He did against my wishes. The calculation said only interest was owed in the amount of sixteen thousand something. I just found out they calculated incorrectly. They were suppose to apply a payment against interest first then principal from 1983 until November 1998 when they changed the law and payments were first applied to principal then to associated interest. That calculation order was signed in 2003 can I do anything about this or is it to late?

It's too late...your option would have been an appeal and you are far beyond the deadline for that.

 

[nocinderella]

miscalculation

That is messed up. I lost over ten thousand dollars because I am not a lawyer could not afford one and didn't know the laws in effect? I wish I could sue the state, they are the ones who calculated. They collected the money sent the money out yet can't calculate what is owed? Or it should take them three years to do so? I mean for three years they kept telling me I was not entitled to interest because a judge didn't order it and in Arizona interest has always been added to missed or late payments of child support. They just didn't want to make him have to pay that much more. Hell the first six years he paid nothing. He still owes nine-thousand and has not made a payment in over a year. Hes self employed, owns all kinds of things ect. ect. He has hidden assets, lied on the financial affadavit. I should say the only one he has ever actually filled out. Nobody ever verified it. One financial affadavit for all the years I have been bringing him back to court for non-payment. Since 1989 and he was required to bring one each time. I file to get him into court and the state cancels court on me and sends me a bill and when I can't pay it they turn me into a credit bureau. Yet they have never even done that to him. It just doesn't make sense to me. I think its immoral.

 

[betterthanher]

That is messed up. I lost over ten thousand dollars because I am not a lawyer could not afford one and didn't know the laws in effect? I wish I could sue the state, they are the ones who calculated. They collected the money sent the money out yet can't calculate what is owed? Or it should take them three years to do so? I mean for three years they kept telling me I was not entitled to interest because a judge didn't order it and in Arizona interest has always been added to missed or late payments of child support. They just didn't want to make him have to pay that much more. Hell the first six years he paid nothing. He still owes nine-thousand and has not made a payment in over a year. Hes self employed, owns all kinds of things ect. ect. He has hidden assets, lied on the financial affadavit. I should say the only one he has ever actually filled out. Nobody ever verified it. One financial affadavit for all the years I have been bringing him back to court for non-payment. Since 1989 and he was required to bring one each time. I file to get him into court and the state cancels court on me and sends me a bill and when I can't pay it they turn me into a credit bureau. Yet they have never even done that to him. It just doesn't make sense to me. I think its immoral.

This actually falls on to you. The agency should/usually sends out notices stating the amount of arrearage. Each party has a specific time window to appeal it (like 7 business days). If no one responds, then the amount will be considered correct.