Motion to Determine Child Support Arrears

MOTION TO DETERMINE CHILD SUPPORT ARREARS

Court:   County:

Case Number:   Judge:

Movant / Petitioner:   Respondent / Other Party:

RECITALS

WHEREAS, on or about , this Court entered an order establishing child support for the parties in the above-captioned matter (the "Original Order"); and

WHEREAS, the Original Order requires periodic payments of child support for the benefit of the minor child(ren): ; and

WHEREAS, a dispute exists between the parties regarding the amount of arrears, the dates for which payments are credited, and the proper calculation of interest and fees under the Original Order.

NOW, THEREFORE, Movant respectfully moves the Court for an order determining the amount of child support arrears and related relief, and in support thereof states as follows.

1. BACKGROUND

1.1 The parties were subject to the Original Order described above. A certified or filed copy of the Original Order is attached as Exhibit A and incorporated by reference. Movant is the party seeking a judicial determination of arrears.

1.2 The date of the last payment credited under the Original Order, according to Movant's records, is .

2. STATEMENT OF ARREARS

2.1 Movant asserts the total unpaid principal support due through is $, as calculated in Exhibit B (Statement of Arrears).

2.2 Movant further seeks determination of accrued interest, late fees, collection costs, and any applicable statutory fees. The applicable post-judgment interest rate claimed is .

3. BASIS FOR CALCULATION

3.1 Movant's calculation, attached as Exhibit B, itemizes each missed or partial payment, the date the payment was due, payments received and credited, and the balance for each period. Movant certifies that the calculation is made in good faith from Movant's records.

4. RELIEF REQUESTED

Movant requests that the Court enter an order that includes the following relief (check all that apply):

A judicial determination and judgment for the principal arrears in the amount set forth in Exhibit B.

Assessment of accrued interest, statutory fees, and collection costs as calculated in Exhibit B.

Entry or continuation of income withholding or other enforcement mechanisms to collect past-due support.

Award of reasonable attorney fees and costs incurred in bringing this motion.

Alternatively, a determination that failure to pay is willful and referral for contempt proceedings if the Court deems such relief appropriate.

5. PROPOSED ORDER

Movant requests that the Court enter the Proposed Order attached as Exhibit C, which establishes the total arrearage, enters judgment in that amount, sets forth the post-judgment interest, and provides for enforcement remedies including wage withholding and other statutory collection procedures.

6. NOTICE AND SERVICE

6.1 Service of this Motion and all supporting exhibits shall be made on Respondent at the following address, or by any other method authorized by the Court:

6.2 Movant certifies that timely notice will be provided to Respondent and any known third-party obligors, and that a hearing is requested for the Court to adjudicate the disputed amounts if the Court deems a hearing necessary.

7. ATTORNEY'S FEES AND COSTS

7.1 Movant seeks recovery of reasonable attorney's fees and costs incurred in preparing and prosecuting this Motion, including but not limited to filing fees, service costs, and costs associated with obtaining necessary records, to the extent permitted by law and the Original Order.

8. VERIFICATION

I, the undersigned Movant, declare under penalty of perjury under the laws of this jurisdiction that the foregoing is true and correct to the best of my knowledge, information and belief.

9. CLOSING PROVISIONS

Governing Law: This Motion and any resulting order shall be governed by the laws of the jurisdiction in which the Court sits, and any obligations determined herein shall be enforceable as judgments of that Court.

Entire Agreement: This Motion, together with the Original Order and the exhibits attached hereto, contains the full statement of Movant's claims for relief relating to arrears and supersedes any prior informal statements concerning the amounts claimed.

Severability: If any provision of this Motion is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision of this Motion shall be effective unless in writing and signed by Movant and approved by the Court. The failure of Movant to insist upon strict performance of any provision shall not constitute a waiver of Movant's rights.

Counterparts and Electronic Service: This Motion may be executed in counterparts and served by electronic transmission where permitted by Court rules; counterpart signatures shall be treated as originals.

PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court:

1. Enter judgment in the amount of arrears set forth in Exhibit B;
2. Order payment of accrued interest, fees and costs as set forth in Exhibit B;
3. Authorize enforcement measures including wage withholding and other remedies permitted by law;
4. Award Movant reasonable attorney fees and costs; and
5. Grant such other and further relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I hereby certify that on , a true and correct copy of this Motion and all exhibits were served on the following parties by the method indicated below:

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