Arrearages
The deficiency between the amount, if any, paid and the amount required under court order. If payments are made voluntarily on a de facto basis, i.e., not under court order, any reduction in the amount of such payments is not considered an arrearage.
Question: what can i expect to happen at my arbitration hearing? i have a arbitration hearing this week what can i expect to happen?it's for a car accident i was in,i was rearended and had to have neck surgery.and i don't see my lawyer until tuesday anyone have any input.
Answer: It is very informal. Your lawyer presents his case. The defense says we're not paying.
I was rear ended in a car accident, by a truck. I was a claims adjuster at the time. It took six years and two attorneys to get my case settled. The defense attorney came up with the settlement money just before we were to pick a jury.
Question: I got arbitration papers from Arrow financial threatning to sue me, what can I do? I called them and tried to settle for half of what I owe and they will not settle. I owe them 2700 and I offered 1350. I also offered to pay them 500 for 3 months but they said no, what else can I do? File chapter 7 or 13?
Answer: When you speak to a jerk who won't work with you, ask to speak to his/her supervisor and explain the situation to someone who has the authority to make a decision.
Best of luck.
Question: Is owing of a debt under a contract agreement a dispute to warrant arbitration? I have a 1 year agreement with a company to offer technical services. The company claimed they ran into financial problems 2 months into the agreement and declared force majeure. Arbitration clause provides for arbitraton in event of dispute. I want to go straight to court to enforce the debt. I am contending that there is no dispute to warrant arbitration. Is this tenable?
Answer: They declared force majeure and you are saying there is no force majeure......why is that not a dispute?
Unfortunately, if the contract you signed had a binding arbitration clause, unless you signed it under duress, you are probably bound by the clause.
Question: How do I file a demand for arbitration? I live in Los Angeles and have an auto insurance claim to settle? Is there a form I'd use or do I just send a letter to the insurance companys' law firm? If so, what should be included in the letter? Lastly, am I responsible for contacting and selecting the arbitrator?
Answer: Arbitration is different in every state. Check your local authority.
I personally use this site for more information on auto insurance:
Auto Car Plus Insurance Transfer Site (ACATS)
http://www.acats.net
All the best,
Noel
Question: I have a court ordered arbitration coming up? I have a court ordered arbitration coming up. I sued someone for emotional infliction & malicious prosecution. Does anyone have any tips to help me out on what I can expect may happen? I'm prose. I also am wondering if Im suppose to put a dollar amount in my suit (I am suppose to submit an arbitration of statement facts to court on that day).
Answer: First, a judge will determine if you have "just cause" to initiate a lawsuit.From your question,I believe that you do. You will have to name a dollar amount that you want. I don't know what expenses( lawyer,medical, other bills)you had but they should be included in the amount you are asking for. The facts of the case can be submitted in writing or verbally.Written responses tend to be more effective in making your case. Three outcomes can be expected. 1.You will prevail as the winner of the case and will receive what you have asked for. 2.You will prevail,but the judge may feel you are asking for too much money, and award you what he sees fair. 3. The defendant may win, and you will receive nothing.You will have the right to take it to a higher court. I hope this helps you win your case.
Question: What happens if both parties agree to disregard an arbitration? What needs to be done in order to ensure that this agreement is carried out legally and neither party can sue one another over previous agreements?
Reworded as:
If both parties sue in court under a contract that they agree is enforceable, what happens if that contract has an arbitration clause that covers all disputes between the parties? (so in effect they are suing in court and ignoring the enforceable arbitration clause)
Will a judge compel abritration because they had agreed to it and haven't modified it?
Answer: A judge will not compel such arbitration unless a party tries to enforce the clause.
Question: I'm writing a paper on salary arbitration in major league baseball... I need a title? the title I have now is "Salary Arbitration and Wage Fluctuation in MLB."
Does anyone have any other ideas??
moneyball is already the name of a book
Answer: Money ball !
Question: What does the term "salary arbitration" refer to in professional baseball? I always hear about teams avoiding it - what are they avoiding? What kind of issues are disucssed at these arbitrations? By what rules are they goverened?
Answer: As not to get into the fine detail of arbitration, what it means is simply this: The player wants "X" amount of dollars and the team is only willing to give him "Z" amount of dollars. When the two sides cannot come to an agreement, an arbitrator is brought into the picture in order to reach a compromise. Usually both sides will end up abiding by the arbitrators decision. The player ends up with "Y" amount of dollars.
Usually the players agent and the team GM try to iron everything out. Most of the time they do but every so often an arbitrator is needed to make settlement.
The normal discussion at these meetings is the pros and cons of the player. The players side shows the positive side of his worth to the team while management argues the negative.
The governing body to arbitration is the players union contract. Everything must be do completely with the approval of the by laws.
Question: what is the difference between arbitration and mediation? Is is only that one can make decisions while the other can only suggest or help? Don't want to be dense, but I am a little confused.
Answer: Both mediation and arbitration fall under alternatives to dispute resolution. However, there is a difference between the two. Mediation involves the parties meeting with a neutral person who attempts to help the parties resolve the matter. A mediator works as a "neutral party" to help facilitate a settlement without making a decision. In Arbitration, a neutral party would hear from both parties and issue a decision that would be binding on both parties. Both parties are "stuck" with the decision. Arbitrators do not attempt to facilitate a resolution.
Question: I hav e a scheduled pre arbitration hearing tomorrow in a credit card case,How to prepare for it? My financial circumstances are getting worst day by day, as I am no longer working and my husbands earnings are not enough to run the house with three kids, one of them beeing handicap, what happens and how should I prepare or what to expect and do the credit card companies show up for these hearings?
Answer: Who may dwell on your holy mountain?
Whoever walks without blame, doing what is right, speaking truth from the heart;
Who does not slander a neighbor, does no harm to another, never defames a friend;
Who disdains the wicked, but honors those who fear the LORD; Who keeps an oath despite the cost,
lends no money at interest, accepts no bribe against the innocent. Whoever acts like this shall never be shaken.
Question: My ex is 15,000+ in arrearages in support and was just arrested for Assault +, can I claim the bail money? My ex is 15,000+ in arrearages in support and was just arrested for Assault +, can I claim the bail money?
I live in Michigan and my ex was just arrested for Assault and some other things and posted bond...which was set at $10,000. I assume he used a bail-bondsman. He is over $15,000 in arrears and doesn't pay consistently, but currently has no warrant for non-payment. (His last one he got picked up on was 2-3 months ago) Can Friend of the Court secure his bond for back support? Or is it untouchable since the arrest was unrelated?
Is there any other way to collect it? And does anybody know what they need before they declare felony non-payment??? Because I see guys in the paper all the time for only a few thousand...and I don't understand why I keep getting told there is nothing more they can do.
He has been ordered to pay like an extra $50 on each patment...but he's also a liar and a con-man. He quit his real job when we got divorced and tells the courts that he's "self-employed" while most of his work is under the table. I just found out that he has had a REAL job for a month or so now and never told the courts, which I will 1st thing tomorrow...but why hasn't FOTC figured it out? I'm extremely irritated with their lack of usefulness.
Since the "self-employed" shceme, he frequently lies and says he has no money. He was ordered by the judge to have payroll-deducted payments. But since he lies and says he has no employer, they have no way to collect and the kids often don't get squat. My new husband makes just enough to pay the bills and buy the things we need, I can;t afford an attorney or all of the court paperwork filing fees. I'm not sure what I'm going to do at this point, I am making many calls tomorrow. This recent (2nd offense) assault was with my kids in the backseat of the car in the middle of the road after midnight. I now have to figure out how to do something about visitation... hopefully FOTC will be of some help since one of the charges is child endangerment and the other a felony for taking the phone when she tried to call 911. (also a second offense)
Answer: Well I am really sorry to tell you this, but if the bail was set at $10000 then he could have paid as little as $100 for it. And the bond has to be held until the actual court date, because if he doesn't show up for that then it is taken anyways. Good news though is that he is having to go to court for something. You might speak to a lawyer and see if they can do something about it while he goes to court for the assault charges. You need to go to your local child support enforcement agency. That is what I go through and my ex was only $1000 behind when they suspended his license. And in order for him to get his license back he has to be caught up on the child support. Also, child support enforcement can garnish his income tax returns. Good luck. I know how hard it can be. I hope you get everything that he owes you.
Question: how can i find out about my arrearages and fees with childsupport enforcement system online please help? I owe arrearages and fees through childsupport enforcement system I am being garnished out of my check I need to know how much is my remaining balance is there any way I can find out online?
Answer: You need to contact your states Attorney Generals Office or the State Disbursement Unit. They have to provide you with that information. Ask your employer who they are sending the payments to and they will be able to provide you with your balances and payments, etc....Good Luck...I am in a similar situation and the sad part is we have to pay, but they make it hard for us to be dads....It is an unfair system, but better to pay something than nothing I guess.
Question: child support order in another city, need to file for medical arrearages.? How do I file if I am living in another city? I won't be able to travel for court appearances and such. Neither party lives in that city anymore. Anyone know what I have to do?
Answer: 1) request a change of venue that moves the case to your location or the other. may be costly, but you only have to do it once.
2) file paperwork by fax, and see if you can make a telephonic appearance. if you can, less costly than a change of venue but you pay each time you have a hearing. check with the court clerk for rules.
Question: I just got a letter in the mail saying I need to pay arrearages and child support 898.00!!! I only make $1000 I am trying to figure out what to do can they take this amount down? What if I didnt have a job last year? How do I find out if I have a warrant in the state of michigan? the amount is too high for the amount I make.
Answer: Federal regs state that they can take up to 55% of your income until you are caught up, and if you're behind, you might look at the advice to get a second job seriously. if there is not a warrant out for you there will be, bet on it. Bite the bullet, get caught up, and a month ahead, 2 or 3 months ahead, and you've got a buffer in case you lose your job again, cause buddy-ro, that baby still has to eat, and if you breed em, you need to feed em.
Question: Does the purchase of a car apply to arrearages owed on child support?
Answer: No. child support is a court ordered amount of money to be given to the custodial parent for the support of the child.
A car doesn't support the child.
Question: My husband still owed me arrearages, they are holding it for 6 months. can I get it sooner?without filing 8379? We have been married for over a year, he still owed me arrearages when we filed our taxes jointly. childsupport took our return. they automatically hold it for 6 months when the person who owes files jointly to give the spouse time to file an injured spouse form. Is there any way I can get the money sooner without filing for injured spouse. The money is coming to me either way, I just need it sooner than later.
Answer: Were you not aware that he was in arrears with the child support (poor children having to do with out) because if you did know you should of just file the Form 8379 at the time of filing and you could of had your refund in 14 weeks. Processing of Form 8379 Injured Spouse takes up to 14 weeks, so if you feel like waiting 14 weeks to have the form processed, or take a chance the refund will be sent anytime now.
good luck!
Question: Newlyweds filing taxes & his support arrearages? My husband has child support arrearages and his returns are always intercepted by DCSE every year. I am trying to figure out if we file jointly this year if they will take all of it (his and mine together) or if we file "Married but filing separate" if they can only take his portion.
Answer: You could file married filing separate, or you could file the Injured Spouse form with your taxes (or separately). Either way.
Question: will the rebate checks be applied to childsupport arrearages? I am wondering if I will get my ex husbands?
Answer: YOu will if there is an arrerage garnishment in place; it will be treated like a tax refund
You may not get your hands on the stimulus money, though, in some cases if you’ve got some financial troubles – like past-due income taxes, either state or federal, and delinquent payments on student loans and child-support.
Question: does owing back child support mean the same as owing arrearages?
Answer: Yes. Please note that $5000 is a FELONY.
Question: If you owe arrearages in Child Support, will the Stimulus Package be sent to CSEA?
Answer: yes it will
www.irs.gov
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