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What form to file to contest arrears in court? Arizona

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  • What form to file to contest arrears in court? Arizona

    I have a situation that I've posted on before, so I'll be extremely brief in my explanation here. Ten years ago I had a modification hearing on my support payments. It wasn't supposed to be retro-active, but the CSE office did that anyway. I disputed it, and they admitted their error in writing and stated in their letter that it was not to be retro-active.

    Fast forward to the current day, and now they've 'reinterpreted' the court order, placed the retro-active amount back onto my account (back-dated to 1999) and charged me ten years of interest on it, which comes to several thousand dollars. It took almost seven months before they would even admit where the thousands of dollars placed on my account as arrears came from. I have submitted my documentation showing that this was not correct, but they have refused to fix the issue.

    I believe that support payments should be made, and I make my payments. I do not believe that CSE should be able to just slap arrears on my account at any time without explanation. I certainly don't believe I should be paying ten years of interest on an alleged debt that was only placed on my account at the beginning of this year. I know that state agencies are hard-pressed for money at the moment, but that doesn't give them the right to do legally questionable things to citizens.

    I have spoken to several attorneys, and plan to hire one next week if no other path is open to me. I've been told that my chances for winning are very good. They're very expensive, but not as expensive as this whole debacle has been. If I could, instead, file for a court hearing on the matter, that would be preferrable to getting an attorney. I don't have the slightest idea about which form to file, not having much knowledge of law. Can anyone provide any advice? I may end up needing an attorney anyway, as I don't want to get outmaneuvered in court and end up paying for all of this.

    Any helpful advice is greatly appreciated.

  • #2
    Originally posted by Ironwil View Post
    I have a situation that I've posted on before, so I'll be extremely brief in my explanation here. Ten years ago I had a modification hearing on my support payments. It wasn't supposed to be retro-active, but the CSE office did that anyway. I disputed it, and they admitted their error in writing and stated in their letter that it was not to be retro-active.

    Fast forward to the current day, and now they've 'reinterpreted' the court order, placed the retro-active amount back onto my account (back-dated to 1999) and charged me ten years of interest on it, which comes to several thousand dollars. It took almost seven months before they would even admit where the thousands of dollars placed on my account as arrears came from. I have submitted my documentation showing that this was not correct, but they have refused to fix the issue.

    I believe that support payments should be made, and I make my payments. I do not believe that CSE should be able to just slap arrears on my account at any time without explanation. I certainly don't believe I should be paying ten years of interest on an alleged debt that was only placed on my account at the beginning of this year. I know that state agencies are hard-pressed for money at the moment, but that doesn't give them the right to do legally questionable things to citizens.

    I have spoken to several attorneys, and plan to hire one next week if no other path is open to me. I've been told that my chances for winning are very good. They're very expensive, but not as expensive as this whole debacle has been. If I could, instead, file for a court hearing on the matter, that would be preferrable to getting an attorney. I don't have the slightest idea about which form to file, not having much knowledge of law. Can anyone provide any advice? I may end up needing an attorney anyway, as I don't want to get outmaneuvered in court and end up paying for all of this.

    Any helpful advice is greatly appreciated.
    Your best bet will be to take the issue to court ASAP.

    Do you still have the letters and other documentation from when they admitted thier errors?

    You can either hire an attorney and request that the court order that your attorney's fees be paid by the ex (I may be wrong, but I don't believe that the court can force the CSE to pay the costs). Or, you can research the laws yourself and file pro-se.

    Did you ask any of the attorneys you consulted with if the court can be ordered to pay your costs? If not, be sure to ask about that when deciding.

    Comment


    • #3
      I doubt I can force my ex to pay the court fees, as this actually has little to do with her. This is the 3rd time I've had to dispute erroneous arrears on my account. The previous 2 times they've admitted their error in writing, and yes, I have everything.

      Even after faxing the documents to the CSE office, they're trying to say that all of that was a mistake, and now I'm just out of luck. Not only that, but they have charged me several thousand dollars in interest alone. This was placed on my account early this year, but the time it references is in 1999, so they're tagging me for 10 years of interest.

      It took over 5 months just to get one return call from my case worker. I had sent 7 faxes and spent hours on the phone with customer service before finally calling the Clerk of the Court in Flagstaff, who gave me the CSE direct number (cust serv won't give it out). When I finally got the call, my case worker claimed to be uncertain as to where the charge had come from. It took another 5 weeks before I finally got the answer, and even that was only after I called the Assistant Director's office to complain. In total, just under 7 months from my first written request of an explanation passed before I got it.

      They have all the documentation but refuse to fix the issue.

      Comment


      • #4
        Originally posted by Ironwil View Post
        I doubt I can force my ex to pay the court fees, as this actually has little to do with her. This is the 3rd time I've had to dispute erroneous arrears on my account. The previous 2 times they've admitted their error in writing, and yes, I have everything.

        Even after faxing the documents to the CSE office, they're trying to say that all of that was a mistake, and now I'm just out of luck. Not only that, but they have charged me several thousand dollars in interest alone. This was placed on my account early this year, but the time it references is in 1999, so they're tagging me for 10 years of interest.

        It took over 5 months just to get one return call from my case worker. I had sent 7 faxes and spent hours on the phone with customer service before finally calling the Clerk of the Court in Flagstaff, who gave me the CSE direct number (cust serv won't give it out). When I finally got the call, my case worker claimed to be uncertain as to where the charge had come from. It took another 5 weeks before I finally got the answer, and even that was only after I called the Assistant Director's office to complain. In total, just under 7 months from my first written request of an explanation passed before I got it.

        They have all the documentation but refuse to fix the issue.
        It would be best to hire an attorney, but be sure to ask if the state can be ordered to pay at least part of your fees.

        Comment


        • #5
          I'm coming to that conclusion, and am hoping to avoid it if possible. I have a lot of documentation from the CSE office itself that clearly contradicts what they're doing right now, but they're refusing to fix the issue, saying that everything that was done before has been reinterpretted as a mistake. The problem is that the attorney will cost me more than 1/2 of what CSE is charging me, and if by some misfortune I lose, I'll REALLY lose. Every attorney I've approached has indicated that this will be my burden to bear, and I am not likely to get recompensated by the state.

          Even so, this is too much to let pass. I got the impression from my discussions with the Assistant Director's office that this is being done to other people as well. I was assured it wasn't in response to the poor economy and a need to get money wherever possible. Since this is an issue that was resolved over 8 years ago, and first occurred 10 years ago, I believe that about as much as I believe that the photo radar installations that have been placed in dozens of new locations throughout Phoenix in the last 2 years have nothing to do with the state hurting from the poor economy, either.

          The point is that people should pay what they owe, but CSE shouldn't be permitted to simply add thousands of dollars of arrears at any time they feel like it. I was astounded that this didn't necessitate a court order, but it doesn't. A court order is necessary to adjust the actual monthly dues, but they can add arrears at random, with no court order required. Apparently from my case, they don't have to explain why, either, unless you call the Attorney General as I did.
          Last edited by Ironwil; 09-30-2009, 08:38 AM.

          Comment


          • #6
            Same thing

            Hey I have pretty much the same problem I was told by the dcse that I had finished paying all the arrears that I had owed. I got this in writing from them but as soon as I requested that they owed me some money in overcharges and giving me 2 out of at least 10 refunfd checks they decided to look into my past records and came up with that I owe them another $9,000.00 plus in back arrears. Have you been able to file the right docs to get in front of a judge? I have no money for an attorney so if you have heard anything please pass it along.
            Thanks Robert H NPHX

            Comment


            • #7
              rahboman, this thread is from 2009 & the original poster hasn't posted since
              so you may not get a reply.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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              Comment

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