The court mistake could be harmless, like mistyping a name, or harmful, like miscalculating an amount for child support. Fortunately, the Family Court rules anticipate this problem and outline a procedure for correcting clerical errors or mistakes made by the Court. Specifically, Rule 85 (A) of the Arizona Rules of Family Law Procedure provide:
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That being said, there are serious child support mistakes you can make that result in harsh fines, stiff interest rates (payable to the child support recipient), or that can jeopardize other aspects of your child custody case . Always consult with a lawyer, and remember that honesty is always the best policy – even if it means paying more.
· We’ve all been there – when we make a mistake with the government, or miss a payment, or are late following up on legal documents, the state makes sure that we pay for it. There are fines, fees, penalties, wage garnishments, and anything you can think of. The same is true in the child support legal system – if you make a mistake, it’s ...
· Whether parents need to know their child support rights, want to make adjustments to the amount of support, or get help recouping back child support, they should consult a lawyer for child support. Some lawyers provide free initial consultations so clients are aware of the costs involved before entering a formal arrangement.
A judicial error is a mistake by a judge or court.
These may include subpoenas for your ex's pay stubs, bank statements, credit card statements, or tax returns. Your attorney may also submit a request for sworn testimony from your ex about his or her financial assets.
If you discover that you need to stop payment on a child support check, you should immediately call the Customer Care Center at 1-800-332-6347 or visit your local child support office. You will receive a Stop Payment form with instructions for submitting it.
There May Be Criminal Penalties for Failing to Disclose Finances. Being dishonest about your finances in court can lead to serious penalties, including criminal charges and even jail time.
First and foremost, it must be made clear that having another child will not, in and of itself, automatically lead to a reduction in a child support obligation. You will need to take action in order to have your child support obligation modified. It will not be reduced just because you had another child.
The new MD child support guidelines provide for $2,847 per month in basic child support for an aggregate monthly income of $15,000. As with the old guidelines, the Court will have discretion in setting the support level for parties and individuals with income above the maximum under the guidelines of $15,000 per month.
Modifications (changes) to child support do not happen automatically. One of the parents must request that the court change the child support order, using a written “motion” – a formal request to the court. Circuit court forms are available on the Maryland Courts website.
If you fall behind on your child support payments, the state of Maryland may seize your tax refund and apply it to your past-due child support balance. If your tax refund is greater than the entire amount of back child support you owe, Maryland will return the excess portion of your tax refund.