Stopping Arrears

[dlusery]

Jurisdiction

North Carolina

Our case was handled by lawyers instead of NC DSS. Child support was set at $550 a month plus an additional $50 per month until $2200 in arrears had been paid. I've paid around $2800 in arrears & talked to the clerk of court about stopping the arrear payment. She said I had to go in front of a judge for any type of payment changes. I know if I go in front of a judge I will get screwed and probably end up paying a lot more than I'm paying now. Any ideas on how to stop my arrears without going in front of a judge? And what happens to the overpayments I have made? Is that money just gone?

Thanks,
Daniel

 

[army judge]

Any ideas on how to stop my arrears without going in front of a judge?

Negative consequences will result IF you don't do as ordered by the court.

Do yourself a favor, talk to three lawyers in your county and see what you can learn.

And what happens to the overpayments I have made?

Any excess payments will be applied to the past due amount you owe.

Is that money just gone?

No, all of the money you pay will be accounted for and applied to your debt.

 

[adjusterjack]

She said I had to go in front of a judge for any type of payment changes. I know if I go in front of a judge I will get screwed and probably end up paying a lot more than I'm paying now.

If that fear keeps you from going to court, then you continue paying $600 per month until your child is 18 (or whatever the decree says).

Any ideas on how to stop my arrears without going in front of a judge?

There aren't any.

 

[zddoodah]

I know if I go in front of a judge I will get screwed and probably end up paying a lot more than I'm paying now.

You know this? How exactly do you purport to "know" that you will "get screwed." Why do you think you will "probably end up paying a lot more than [you're] paying now"?

Any ideas on how to stop my arrears without going in front of a judge?

Not gonna happen.

And what happens to the overpayments I have made? Is that money just gone?

When you file to terminate the extra $50 for arrearages already paid, you're free to ask for a credit for extra that was paid. Since you said you've paid an extra $600 at $50 per month, that means you satisfied the arrearages in full a year ago. Why didn't you do anything about this a year ago? Your delay in taking action may make the court less inclined to give you a credit for that extra money.

 

[dlusery]

If that fear keeps you from going to court, then you continue paying $600 per month until your child is 18 (or whatever the decree says).



There aren't any.

You know this? How exactly do you purport to "know" that you will "get screwed." Why do you think you will "probably end up paying a lot more than [you're] paying now"?



Not gonna happen.



When you file to terminate the extra $50 for arrearages already paid, you're free to ask for a credit for extra that was paid. Since you said you've paid an extra $600 at $50 per month, that means you satisfied the arrearages in full a year ago. Why didn't you do anything about this a year ago? Your delay in taking action may make the court less inclined to give you a credit for that extra money.

I know I will get screwed, if not immediately then when my ex files for an adjustment in support. This horrible county I live in has "lazy judges that are going to order whatever her lawyers say I should pay." That's a direct quote from my last lawyer whom was highly recommended. And from the horror stories I've heard from every man with a job, if you're easy to find you're gonna get raped. And the slackers slide by without paying a dime. So yes, I believe I am coming out ahead by not going in front of a judge. Maybe a few months before my support is up I can try it & attempt to get credit for what I've paid in advance but nearly two years before I stop paying is bad timing. She'll just ask for an increase & get it.

 

[leslie82]

I know I will get screwed, if not immediately then when my ex files for an adjustment in support. This horrible county I live in has "lazy judges that are going to order whatever her lawyers say I should pay." That's a direct quote from my last lawyer whom was highly recommended. And from the horror stories I've heard from every man with a job, if you're easy to find you're gonna get raped. And the slackers slide by without paying a dime. So yes, I believe I am coming out ahead by not going in front of a judge. Maybe a few months before my support is up I can try it & attempt to get credit for what I've paid in advance but nearly two years before I stop paying is bad timing. She'll just ask for an increase & get it.

Maybe that lawyer had a bad experience with a judge - that is that lawyer's opinion.

Also why would any man who has a job and is easy to find "going to get raped." Odd county you live in....(sarcasm). How about you not equate the violent and vicious act of rape with you getting charged child support? (not sarcasm).

If you already know what to do why did you come on here? Good luck with that.

 

[dlusery]

Maybe that lawyer had a bad experience with a judge - that is that lawyer's opinion.

Also why would any man who has a job and is easy to find "going to get raped." Odd county you live in....(sarcasm). How about you not equate the violent and vicious act of rape with you getting charged child support? (not sarcasm).

If you already know what to do why did you come on here? Good luck with that.

I didn't know what to do. Thats why I'm on here. I asked if it was possible to have my arrears stopped w/o going in front of a judge. Also if my overage payments were applied to my child support account or just lost forever.
As for the rape comment, it was obviously used to describe the viscious way courts treat men with jobs that actually contribute to society as opposed to the bottom feeders that slide by without paying a dime. Are you offended? Still upset about 2016 election?

 

[txls]

Have you talked to the attorney generals office. Seems to me that arrears should automatically stop once you are caught up. Before you call read all of your paperwork carefully and see if the answer is in there. It may just be a matter of the AG sending a notice to your employer.

 

[zddoodah]

If you think "the system" is set up to screw you over, then nothing anyone here tells you will be of any use to you because any answers you get here will be predictated on you going through "the system."

I suggest you consult with a a local attorney for advice.

 

[leslie82]

I didn't know what to do. Thats why I'm on here. I asked if it was possible to have my arrears stopped w/o going in front of a judge. Also if my overage payments were applied to my child support account or just lost forever.
As for the rape comment, it was obviously used to describe the viscious way courts treat men with jobs that actually contribute to society as opposed to the bottom feeders that slide by without paying a dime. Are you offended? Still upset about 2016 election?

I am offended when people use "rape" in an inaccurate setting. It is offensive especially to people who have actually been raped or sexually assaulted. I guarantee in no way, shape or form have you ever been treated so brutally to compare it to a rape. There is no court in the country that treats men in a fashion similar to rape. At all. I don't know what you mean by "slide by" because the custodial parent is the one who has to report to CSE or the court contempt of child support. If that doesn't get reported, then CSE won't do anything. I found that out in my situation - my ex doesn't and hasn't paid since 2016. But he's been in and out of jail or rehab and is in jail so it does me no good to report him for contempt as they can't get any money from him. He's been there a year and he's probably going to be there awhile.

The system isn't set up to screw anyone either - people need to learn how to navigate the system. Get a lawyer.

No I am over something that happened two years ago as well (unlike Trump supporters and Trump himself) - are you trying to insinuate I'm a liberal? Are you trying to say I'm "triggered?" Perhaps just man up and say what you mean next time.