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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-16-2008, 09:35 PM
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Default Motion re Interim Arrears Support Payment

Question: My common law partner has an order stating that he must make an interim child support arrears payment 18 September 2008 (his obligation for child support has ended) and then he has a court date two months later for a case conference at which he is to provide all information/proof of his income since 2003 and at that time it is to be decided if he owes his ex more money or not. The interim payment is described as a credit to be applied to the possible outstanding amount owing. The interm payment is $10,000.00 and it is not possible for him to obtain this money, his income is approx. 25,000.00 per year....can he file a motion to have this payment delayed until his court date....according to his information it appears that he will not owe any monies but has quite possibly overpayed by a considerable amount. If he doesn't make this payment his ex will be allowed to proceed on an uncontested basis at the case conference. This $10,000.00 payment is unfair the judge at the time she ordered it stated she didn't know how he was going to pay it ...is there something that can be done?
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Old 09-17-2008, 12:18 PM
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I would think that a request to stay the $10,000 "credit" would be quite possible given his income level alone.
To further explain the situation regarding the termination of obligations and the pending appearances would only further substantiate his request to have tat amount on hold until after a decision has been made.
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Old 09-25-2013, 11:37 PM
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Originally Posted by FL_Needs_To_Change View Post
I would think that a request to stay the $10,000 "credit" would be quite possible given his income level alone.
To further explain the situation regarding the termination of obligations and the pending appearances would only further substantiate his request to have tat amount on hold until after a decision has been made.
And what is going to happen if its not paid? That's the question you need to ask yourself. You know yourself if you owe it. If you don't wait it out and do the math when the court date gets there.
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Old 09-26-2013, 08:27 AM
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And what is going to happen if its not paid? That's the question you need to ask yourself. You know yourself if you owe it. If you don't wait it out and do the math when the court date gets there.
This thread and its prior postings, are about 5 years old, FYI.
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