Terminate Arrears/Declaratory Relief


Keith filed an OSC today. He gave background information in his declaration. He also let the court know that his attempt to contact the mother on 2/22/2005 to obtain her agreement that that his arrears obligation was satisfied, failed. She stated she would not agree until their daughter turned 18, (which is in June 2005) at which time his ongoing support will also terminate. Keith declared: 1. Background- I am the father of the minor (17) involved in this matter. The mother and I divorced in 1990. The most recent order on child support was filed 9/26/03 and provides that I pay the mother $560 per month child support retroactive to 12/1/02, plus $50 per month commencing 6/1/03, towards any arrears created by this order. A wage assignment was filed that same date. The stipulated order does not set an exact amount for the arrearage payment, nor does the wage assignment order.

Effective 2/25/05, I will have paid the last arrearage payment. I am seeking to modify the wage assignment to terminate this portion of my obligation. My attempt to contact the mother on 2/22/05, to obtain her agreement that my arrears obligation was satisfied, failed. She indicated she would not agree until our daughter turned 18 (which is in June ’05, at which time my ongoing support obligation will also terminate. )

2. ARREARS: I request a court order declaring that my arrears obligation is -0- and modifying the wage assignment to reflect this. See Ex. A attached for verification. I was current on my support obligation prior to the stipulated order. The arrears was only created because of the retroactivity of the order. I was initially paying child support of $700 per month for 2 children. The support obligation reduced to $350 per month in Sept. ’02 when our eldest turned 18 (and had graduated). In Nov. ’02, the mother filed an OSC to increase support for our youngest, which led to the stipulated order of $560 retroactive to December ’02 (with retroactive portion payable at $50 per month). We entered into this stipulation in May/June ’03, although it was not filed until Sept. ’03. I began payments as required by the order immediately. Payments were made by wage assignment and by direct payment for amounts not covered by the assignment.

I sent this OSC to her today from El Cajon. I sent it Certified/Return Receipt.

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