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Jan 31
2010
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Question:
After child support obligation ends and a final judgment has been made, do the arrearages become collectible by my child or does the custodial parent still retain collection?
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Tags >> arrearages
Question: I have just been to court for claimed arrearages and represented myself pro-se. I feel I prepared myself as much as possible, but can’t help feeling intimidated by the courts. I haven’t received the outcome yet, but my ex is trying to claim that while 1 of our 2 children have lived with each of us that she is still entitled to support and is asking in excess of 13k for back support. If I lose this case, will I have the option of appealing the decision and will it be alright to retain a lawyer this time? I am also curious if in the appeal only the previous evidence can be used by both sides or can more evidence be introduced to disclaim her requests for support.
Is there a limit on the amount that can be accrued because of interest on past due child support. My original court order is dated back in 1984. I was ordered to pay $275 a month. I got behind in child support, but I have paid on and off about $40,000.00. My youngest child in this case is 24yrs old. The Attorny General's office has me owing $154,000.00 due to interest charges that compounds each month at about $800.00. They garnish 200.00 a month out of my Social Security disability insurance. It is the most that I can pay. It is not possible for me to ever pay this off. What can I do?
Question: I have a current order that says that I am to pay my former spouse $350 a month for child support. This is to the penny based on what the guidelines show that I should pay in Virginia. This does take into account what I pay for my son's health insurance also. My higher paying job was done away with in March 2005 and I started a new job the very next week I was released from my management position. I was released because sales were slow for the business and the owner saw it necessary to let me go (high salary) and for him to manange our stores himself. I am on a set "training pay" for 6 months then I will be on commission only. My set pay shows that I should pay quite a bit less and then, taking into account what I pay for my son's health insurance, now makes it even a little less. What I need to know is since we will not be in court until the end of this year and I cannot afford to pay the $350 a month since I do not have the "present ability to comply" due to my lower paying job for now, can I faithfully pay her what would be required by the guidelines and keep myself from getting in trouble for not obeying the current order that says I should pay $350 a month? Thanks for your items I purchased form the Dads Store. It has helped me quite a bit. Answer: I suggest that you make all arrangements to make the payment of $350.00 per month. It could jeopardize your case if you are in contempt of court when you try to modify the child support amount. However, if you absolutely do not have the money pay as much as possible. Do not under any circumstances not pay any amount of support.
Question: My 3 girls (17, 15, 11) have not lived with their mother (80% physical custody, 50% legal custody parent) who's been unemployed approx. five & half of the 8+ years since our divorce, and in & out of alcohol & drug rehab, to no avail. They have lived with my ex-mother in law (she's very well off) as a compromise after the girls finally refused to return home after visiting me one weekend approx. two & half years ago. Their mother has been on assistance, but I refused to continue paying child support to her (as she only feeds her habits, not the kids). She uses her mother's address as her own but has not lived there, but I believe her mother pays her phone & utilities at the 2 other residences she has had during this time. The state calls me to collect. I've been to their offices with her true addresses, but they don't listen. I am sure she is entangled in some sort of welfare fraud and the girls will testify as to "who live where, and during what months and years" but they don't want her to go to jail. I haven't generated much income at all in the last 2-3 years but now I am starting a good job in Colorado soon (2 wks) and don't want this to linger. What should I do/consider with the limited resources I have for the time being? Answer: I cannot answer your question specifically to the laws of California as I am not licensed in that State. The only recommendation that I can make is to consider a Motion to Modify custody or in the alternative if you do not want custody, file a Motion to Modify Child Support. The fact that the children reside with a third party does not relieve your obligation to pay support, it would just change the person to whom the child support is paid. |
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