Incorrect Arrears After Emancipation (April 2006)
Question: “We have a case that the youngest child emancipated in 5/1994. This case was calculated in 1996 by the Area Office and we enforced that order and collected all arrears shown on system. CL is complaining that that wasn’t all the arrears owed and in review of the case it appears that the Area Office prorated child support amount in 1989 to half as one of the children emancipated in 1989. The Court Order was not a per child order, and no order reducing was entered by Court. NCP last paid 2/7/04 which represented payment in full of all arrears shown on system.”
Cl is now wanting us to take matter back to court to collect arrears which she states ncp owes of $8,000 plus.
Our question is do we do that? Any information you can provide will be appreciated.
Answer: This is the response from the Office of Legal Services: “I think that the conservative practice would be to take the case back to court and at least attempt to obtain a judgment. I would anticipate the NCP arguing a statute of limitations and perhaps equitable/governmental estoppel defenses. The fact that the area office made a mistake may garner some sympathy but the NCP knew the terms of the order and knew what he has or has not paid so he can’t really claim a surprise or being misled by the error. If anything he’s benefited by having the $8,000 remain in his possession for some additional period of time and since we don’t generally pursue collection of interest he has actually profited to a small degree. The NCP may be able to craft some reasonable statute of limitations defense so don’t assume we will prevail. We can’t simply ignore a court order, we argue the opposite all the time. Take it back to court, set forth all the facts and admit the error in calculation up-front. I recommend letting the judge make the call.”