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If a Support Magistrate terminated a Support Order, does that include arrears or does the Order have to specify such?
Anonymous3 views2 answers
On December 14, 2010, a ACFC Support Magaistrate stated in a Decision and Order as follows: "The Order dated February 14, 2008 is hereby terminated effective September 29, 2010."
The February 14, 2008 Order required me to pay the following: $38 per week for Current Obligations; and, $100 per month for Arrears Obligation
When I contacted the Support Collection Unit and spoke to the Manager, Mike Burrick, he stated that he was not going to stop enforcing the Order. I filed with the Court a EMERGENCY PETITION FOR CLARIFICATION OF A COURT ORDER, but that may take some time.
It's not clear what the problem is - if SCU is collecting amounts that were due as of Sept. 29, 2010, then it should continue to do so. If it's seeking additional amounts, the court order should suffice to terminate the payments and give you any refund for overpayment in the account.
It would seem from your description that the $38 per week order for support was terminated, but Support Collections will still be entitled to seek payment towards arrears from you until the arrears are paid in full. If the order setting the arrears payment at $100 per month was terminated, Support Collections may seek to have a new order issued setting the amount that you should be paying towards the arrears.
LEGAL DISCLAIMER
Mr. Rosen practices matrimonial and family law in Great Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.
