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Large Child Supports Arrears & laws concerning this matter


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#1 leagcour

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Posted 07 December 2012 - 07:54 AM

In 2002 I was awarded child support arrears, also the right to lien or attach any property. The house was liened & is still on file.Payments have been made toward the current and some toward arrears which I was also awarded the 12% interest in TN on the child support judgement and other non child support with interest. In 2007 the amount was $44, 782.53... The other party (non;custodial parent) also opened a child support case in 2005. They have filed several motions in this case along with our private attorneys. The most recent court date was to calculate current arrears, He has an attorney, I do not. In 06 the child support arrears were 30, 641.23 & I was awarded 14, 0000 something for 1 year of interest. The most recent motion filed on child support was for civil contempt against him, he had appealed the order, he was over 30 days behind, I went to court twice over this matter, he was a no show, the child support told me I didnt have to come back it involved him appealling. I get papers that say he withdrew appeal. Does this not mean if you withdraw appeal, You agree with motion? CSO also had him owing 43, 694 arrears. He goes through his attorney & in the latest court date in the court we filed in do a motion to claculate arrears, keep in mind the last order in this court was the $44,782.53 with interest. What would be the correct amount owed up to nov.2012? His attorney applied current payments to the arrears, I had an amount of the judgement as a whole, with no representation, I was basically ignored & told the attorney has done this for years & knew what he was doing. The attorneys arraers amount was $14, 542.23. From what I have looked up Tn annoted code 36-5-101(f)(1) no one can go back & retroactively change or modify an ordered amount. Will the judge maybe catch this when she is going over the motion & look at the past order & get the correct amount? What can I file to get the correct amount ordered? An ammendment to an order or what? This happened 12/04/2012. & how many days do I have. Is it 30 days after the court date or 30 days after it is filed? I also called the CSO because they had a higher amount of arrearage they told me it was a private case & I had signed a written noticed I agreed to close it, & I did not & told them to send me a copy. I have been calling to get them to explain the last order & what happened & also the amount of the calculated arrears they have. & They tell me I have to fill out an application this case is closed. & hang up on me. I call back & I cant get passed a receptionist because she says the case is closed there is no information to give. I try & tell her I only want the amounts explained to me & if I fill out an application, I want the same case reopened and continued. I get no answers. & if I call the receptionist tells me I have to do an application, the case is a court case to call them, I explain to her the court doesn't have the cs file, nor the information in it. Do I not have the right to review this file, & also under tn annoted code 36-5-101(B) (iii) it states that a cs case cant be closed if arrears are owed.Both of my children are aged out. & Due to the fact that the arrears havent been paid correctly over 7 years the amount plus interest is very high by my calculations about $10,000 to $15,000 a year in interest alone, also the non- child support ordered has not been brought up in this last court date. Its about $5,000 with $3003 in interest in 06, so thats 3003 per year since 06, about $18,000 at present in interest alone. I had went to that attorney first & was told to keep the orders updated every 10 years, Will I lose the non child support amount on the order If it is not listed in this most recent order? The first order was 02,, what are the stautes of limitations on an order?
Is this legal when the judge had previously stated in the past the interest would eat the pension amount up? I was awarded the pension as security & they won't pay out even tho it states you are eligible for beneifits after you terminate. What steps do I need to take to get this taken care of? There is also a2 lawsuits within this order I was awarded 1/2 the 401k, which he disposed of, while there was a QDRO or it, & it should have been frozen or 18 months, also the house had a 1st & 2nd mortgage, the bank said i had no interest & couldn't collect, but they only paid the 1st mortgage of when we refinacnced, then my lien went down in 02 & in 03 they paid the 2nd lien thereore the bank is 1st & 3rd lienholders

#2 Guest_FindLaw_Amir_*

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Posted 12 December 2012 - 02:34 PM

What would you like done about this matter?




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