Do Payments Toward Child Support Arrears Go To My Ex?

Noblesville Indiana Divorce LawyerQuestion:

I no longer have a current child support obligation, but I still have an order to pay off a child support arrears balance.

I am paying the arrears, but it is affecting my credit report and it seems I’ll never be able to pay it off since it is constantly earning interest.

Since all I’m paying at this point are arrears and the interest, does my ex-wife receive those payments?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child support laws where I am licensed to practice.

If the amount that is currently being collected is going only to your arrearage balance and you no longer have a child support obligation, then the child’s mother will receive the money paid toward the arrearage.

Each parent has an obligation to support their child. Since you were not able to pay the amount the court deemed appropriate for your share of the child’s care, the court views it as if the child’s mother had to pay more than her portion of the costs to raise the child and she is being reimbursed for the portion of the child support that she expended to cover your contribution.

Therefore, she will receive the arrearage as she may not have been able to contribute to her savings, retirement, etc., because she had to pay more than what the court determined was her share of the costs associated with raising and caring for the child.

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Dealing With Child Support Arrears

The fact that there is a child support arrearage may be viewed by credit reporting companies as being behind. Even though you are making payments on time now, there is a past due balance that you are working to pay off.

In the event that you receive tax return funds, then the child support division may intercept your tax return and apply it to your arrearage without your consent.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

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