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child support arrears

ladylady00000's picture

My husband has 3 children from a previous marriage. They split up 8 years ago and use to pay his ex directly without court involved up until 3 years ago. He gave her 300/ week which included half medical daycare and a certain percentage they agreed upon. Both of them found it fair and went smoothly for 5 years. 3 years ago my husband got into a terrible car accident broke both his legs and was close to death w all internal injuries. For the first year or so his ex was sympathetic and did not ask for any money which actually was nice as it can't be cheap having 3 kids in ur care even though shes remarried to a wealthy man totally no that mans obligation...anyway as he got better his employer went out of business and I took on a few jobs to keep us afloat. He applied to so many places n still found nothing. Her patience grew thin and she then went through the court systems. He was ordered less than half he use to pay for his drop of income but then they back dated it and now 10k in arrears! Just like that they tacked on all this extra extra ! He had a lawyer and so did she and his lawyer did kind of warn him. I find it unfair as they went back to when he physically couldn't work w doctors orders and w proof judge still backdated it as if he could work! Anyway now he is working full time and they auto take his regular obligation and nothing extra. We have met w a few lawyers and they say he can go back and redo it but it could back fire. Idk why it happened this way but I guess I was seeing if anyone could relate. Especially seeing if the lawyer said there's a chance it could increase why bother? Can anyone relate or know of any instances like this? Basically impute income even if can't work as recommended by a doctor??

they call me stacy's picture

My DH had some arrears from a sort-of similar situation. He spent several months in and out of the hospital, and was unable to work. I agree with Echo. If those kids had been living with him, he still would've had to come up with the money to feed and clothe them, and BM can't sit and wait forever. Giving him a year was, I think, incredibly gracious. Our BM sure wasn't so nice! I totally understand how much it sucks to be in arrears. My DH worked out a payment plan where they took his total arrears and spread it out over the number of months until SD turns 18. It only raised his monthly payments by a few dollars, still gets BM the money she's owed, and made it manageable for DH. On the other hand, he will be in debt to BM for a LONG time.

My biofather was ordered to pay back-support from the time I was born until I was 2, when everything finally went to court. He made several large payments for the first six months or so, until the account was caught up, when he began making regular monthly payments.

Your DH has some options and the courts will work with him to come up with a payment plan. That can help alleviate some of the stress!

Evil stepmonster's picture

Is the 10K just from the year he was hurt or is it from all the years that he was paying her directly?

If it's just from the time he was hurt the ex can (but will she) dismiss the arrears. I had to do that last year. ExH had to have surgery and was unable to work for 6 months, and CS on three kids isn't cheap so with the interest they tacked on they were claiming he owed a like 3k in back support.
I had to go up there and sign a paper infront of a notary(every office has one on hand) and our case worker that while he was out of work and not paying CS he would take the kids for me while I worked so that I wouldn't have daycare expenses. And that brought it down a little so I had to say it was paid to me in gift forms. If she'll do it; it can be done.

Now if it's because of the years he paid it directly to her and she didn't correct it then I'm sorry but he screwed himself. Dealing with the attorney general is a pain in the ass for mostly the NCP but they do keep solid records which is why he should have been doing those payments on the books. She couldn't ask for back support if he did.

nothinforya's picture

Keep in mind that attorney fees at $275/hour add up fast when billed in 6 minute increments. We just got the first invoice for a one hour consultation and a few emails and phone calls, $485. Just getting started on the case. Better to put that money toward the arrears.