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Elmore County Case Summary

Decent Essays

Elmore County DHR’s testimony revealed that based on the request for a hearing that the non-custodial parent’s (NCP) attorney sent, the agency is under the impression that the NCP’s attorney is of the opinion that the court findings is that the arrears could not be determine; dismiss the arrears. The custodial parent (CP), Tracey Boozer, applied for services on June 10, 2014. At that time, the agency completed an Affidavit of Past Due Support based on the divorce and the courts payment record. The agency filed a contempt action with the court against the NCP. On October 27, 2014, the court referee ruled that it was unable to determine the arrears. The order quoted “Arrears are unable to be determined after testimony.” Afterward, through …show more content…

The agency contact DHR Legal to get an opinion on this order. While child support judgement cannot be discharged; the major question to Legal was did this render the order unenforceable. DHR Legal stated that if the court had made a factual finding that there was no arrears owed, and then there would not be any arrears owed. Instead, the court responded to DHR’s petition and the CP’s request for an income withholding order. The order stated that the arrears could not be determined after testimony. The order was silent as to what exactly made the arrears indeterminable, the order does not state that there would never be a way to determine the arrears in the future with additional evidence, it does not state the arrears has been satisfied or zeroed, and it does not state the arrears are unenforceable. DHR Legal quoted from a civil appeals case in which the court had not preserved the arrears; the Court of Civil Appeals rule that the court did not have to preserve the arrears. Therefore, at this point, the agency believes the order is valid and enforceable. The order bring back the policy 9.1.2.a.C which is paraphrase as when the client comes in and there is an order established prior to application, have the client to fill out of the Affidavit of Past Due Support, gather all available payment records; this is what the

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