ParentingBanter.com - View Single Post - CS Arrears-Statue of Limitation

**amb** · #6 February 19th 05, 07:43 PM

Quote:

Originally Posted by Bob Whiteside

"amb" wrote in message
...

A few questions:

1. What really happens when the Statue of Limitation is met, and NCP
is still paying arrears? Does the NCP just stop payment? Michigan is
set at 10 years from the last day of payment due? So when the 10 years
are up, payments stop?

There can be variations form state to state, so I will explain how it works
in my state. Then you can look up the Michigan law to determine if it
varies any.

I am not sure what you mean by "statute of limitations." If I get what you
are asking, the correct term for what is owed is the "money judgment" and
the parties are referred to as the judgment creditor (the CP) and the
judgment debtor (the NCP). It seems you are asking how long a money
judgment is valid. Most states vary from 7-10 years after the last CS
payment accrue on the money judgment. Whne the children have all reach the
age where they are no longer covered by the CS order, the payments for
arrearages continue on at the previous order amount. The previous add-on
for the arrears is no longer paid, but it increases to the order amount. If
the money judgment is not paid in full during the next 10 years, the
judgment credit has the option to "re-up" the judgment for another 10 years.

2. Who really controls the arrears? Michigan keeps stating to us, the
they will ask the CP if she will agree to those terms? WHat the hell
does that mean? If a court orders you to pay, you have to pay, what the
Hell does the CP have anything to do with that? Is Michigan CSE pulling
our legs?

The only option I am aware of that CSE could be referring to is the option
for the NCP to provide a Full Satisfaction of Judgment that would wipeout
any remaining amount due.

3. Michigan wants us (it affects my household thats why I am involved)
to pay up front $$, and will set the rest as monthly payments, like I
have a money tree in my backyard? What is the reason in making these
statements.

I have no idea what they are suggesting for you to do regarding a lump sum,
up front payment. If you can provide a few more details, perhaps we can
figure it out. The second part of your statement is consistent with how my
state handles ongoing arrearages after the CS order has run its course, i.e.
the balance remaining is paid off in monthly payments at the previous order
amount.

Thanks so much....I am going to review the Michigan laws again, I found nothing on what they are doing. Mabye new laws were implemented since I lasted check, dang, I am not a lawyer, and we know how great lawyers are...they only want $$$$.

As for wage ganishments, I know that Michgian can ganish wages for both current and arrears CP.

Some women are simply EVIL, and they hurt others by their selfish actions....However, I do beleive in Karma...Thanks again