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    J-Drop23's Avatar
    J-Drop23 Posts: 1, Reputation: 1
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    #1

    Nov 20, 2013, 10:14 PM
    Closing a child support case.
    Hello.I have two ongoing child support cases,one for my daughter who lives in Arizona and turned 18 last year,and another for my son who lives here in Vegas where I do and is 14.I owe arrears in both cases.For the past year or so Ive been paying off the arrears I owe on my daughters case.The state of AZ has seized my income taxes for the past 12 years without notifying the Child Support agency here in Nevada who's enforcing both child support cases.I informed the Child Support agency here in Vegas that my income tax had been seized again by the state of Arizona and that it needed to be credited to the arrears I owe in my daughters case.The case worker overseeing my daughters case at the time put a stop payment on the case and performed an audit.After this happened and it was determined how much I owed on my daughters case,instead of continuing to collect payments as normal until the remainder of the arrears I owe on my daughters case was paid off and close the case,the Child Support Agency in turn started to apply both payments that I make to my son and daughter to just my sons case.I was told this will continue until I pay off the arrears I owe on my sons case and the remaining amount of arrears I owe on my daughters case will remain and be resolved only after I payoff the arrears I owe for my son.Can this legally be done without a review and adjustment from a judges court order?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 21, 2013, 03:14 PM
    They can't do what your saying. In most child support cases it is first come first served. Let me state now that arrears are secondary and current support is primary. In your case what should be happening is that any overages from tax interception should be split between both cases after current support is applied. If in fact that is not what they are doing then take it before the judge and ask that they be ordered to do so.

    If you have been to court already and a judge has set payment amounts for arrears and current support of your cases then you need to get that order reinforced so it can be carried out properly.

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