Another issue we are having is with the arkansas child support figuring of the certified child support payment history. When we went to reduction hearing the court set him at arrears of judgment of 6885 from when he was behind in ohio they never did the reduction because they said they could not go back to 2006 and he had a current job. my question is in 2008 order states 101 per week and 80.80 per judgmnet balance owed he has never missed apaymnet per mississippi but because of the delayed of 7 to 15days from mississippi getting paymnet recieved to arkansas sometimes the delay falls into a new month by the time arkansas recives payment but they always get two paymnets in that month one for the month the y recorded not receving and one for the current month due. My question is on their certified payment history if they recieve two payments they appriate the first payment as the order states the second payment they put all on they judgment and that has created a new current child support balanced owed. should they not appraite the second paymnet recieved as they order states therefore keeping the current child support balance owed up to date instead of a balance owed. WE have questiones this and they state it all comes out the same but we had and account figur e this per the order with each payment recieved and keep the current child support upto date as well as the judegment uptodate with what the order states to pay and with the way they are figuring the payments when recieving more than one per month is a $1475 difference that the account stated the we were paying twice . What is our recourse, if any?
What you can do is go to the Arkansas court and ask for an accounting and take your accountant's figures with you when you ask for a correction of his child support account.I realize that this is an ongoing problem with two states being involved, arrearages being paid off, and their clerical staff in two states making payment applications. The only way to get it corrected is by an order of the judge correcting how the payments are to be applied both in the past, present, future.It's even a mess for the judge's because they don't necessarily understand the child support - so your accountant has to have it all explained for the judge to realize the error and make a corrective order. Please ask for "Law Pro" if you have any further future questions! Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
is this considered a missapproperation of funds as we did specifically state on each western union paymnets and mississippi send it in broken payment on the same day one for the child support and one for the arrears?
No. Because they don't care how your characterize the payment - they make their own characterization and apply it accordingly.Sorry. Please ask for "Law Pro" if you have any further future questions! Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Thank you so much you have been very helpful when you state when you ask for an accounting of child support does that mean even if we have the accountants information that just because they can figure payments any way they want that we can get it changed and if so what is the process ? What is the actual term that we are asking for? Accounting of child support or clerification , etc.
You would ask for an audit of the child support and payment history.Then, once you receive that, you would have that reviewed by your accountant. Your accountant can voice their opinion about the payments and how applied. Then it's up to the judge to agree or disagree with your accountant's findings. Usually, if the accountant lays out their findings in an "easy to understand" format - the judge will agree.
do we need a court order to get the audit or do we ask child support enforcement in arkansas for the audit and take it with the accountings findings to court? secondly, do we have to go to court in the county the ex lives as we did for the modification hearing or since this is to child suport to prove can we go to any court in arkansas? The reason for this question is because her county in arkansas is four hours away and we live within 45 minuste of west memphis arkansas who would be the closest for us>
Yes, you will need a court order to get the audit - they don't provide such without a court order.You must go and file the motion in the Family Division court where the child support order is currently operable or in force. That would be in Arkansas where the court order is out of - no where else can make that order for an audit.Sorry that it's such a long drive. Please ask for "Law Pro" if you have any further future questions! Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
I f my husband represents himself what else does he need to do after filing a motion ? And if we are granted an audit does he he have to file a motion to go back in front of judge with that information. Anymore advise on the step by step process
This has gone beyond more than a couple of questions.Please know that the Terms of Service of JustAnswer specify that each customer ask ONE Question in each question thread. I would respectfully XXXXX XXXXX you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Law Pro) in the question and I will be able to answer your continuing questions.After he files the motion - then gets the audit information and has that reviewed by the accountant - then he prepares and filed another motion for correction of the child support and goes back to court and asks the judge to correct errors and give him credit pursuant to your accountant's findings. Please ask for "Law Pro" if you have any further future questions! Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.