Modifying Child Support When Arrears Are Owed

Question:

I am trying to modify my current parenting time. Right now, because I only have 80 overnights, I owe my ex-wife child support.

If I modify the plan to at least 110 overnights, she would have to start paying me child support. However, I owe more than $10,000 in arrears.

My ex also makes considerably more than me.

How would child support be determined in this case? If the modification is made would the courts use her payments as credit toward my arrears? Or would they make us both pay each other? Or make her not pay anything until my arrears reached zero?

Answer:

I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning parenting time and child support.

First of all, you have to consider whether you are going to be able to change the child support at this point in time or whether waiting will be more beneficial to you.

Typically, each state has guidelines about how often you can adjust child support. States may say you can automatically adjust child support every three years or if either party has had an income change of more than 30 percent.

Outside of the state’s parameters for automatic adjustment, there likely has to be some kind of change in circumstances that warrant a child support adjustment.

You are trying to first change your parenting time and then as a result of that change, adjust your child support. So then the question is: What are your grounds for changing your parent time? If your ex-wife is unwilling to grant you the additional parenting time, then the matter will go to court and the court will want to know why you believe this change is necessary and why this change is in the best interests of your child(ren).

After you’re actually able to adjust the child support, if your ex-wife then has to begin paying you, the organization that handles collection of child support in your state should be able to easily make deductions from your arrears each month that she is “paying” you until your arrears reach zero.

Remember, I am unable to provide you with anything more than general child support tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.