Question:
I need to know the correct procedure I need to take to get back child support dropped or even modified.
At the beginning of our marriage separation period she started receiving government assistance which in turn led to me having child support garnished from my paychecks. She said she took care of the situation and child support stopped being garnished.
Now, several years later, child support is coming after me saying I have failed to pay child support his entire time. So even though no money was being garnished, my arrears were apparently building up.
The child support enforcement agency is just treating me like a “deadbeat dad” and won’t listen to my case.
How can I get child support modified?
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 Missouri child support laws where I am licensed to practice.
You will need a divorce lawyer to help you file a motion to modify or a motion to determine amounts due and owed on back child support.
If the money is owed to the state, they may not be willing to reduce the arrearage since they have been sending your ex-wife assistance.
However, if you have been paying your wife child support during the time the arrearage has been accumulating – and you can prove it through canceled checks or receipts of payments – you may be able to show that she has received the funds and that she should be responsible for paying back the state.
If, however, they are saying you owe the money to your wife rather than the state, you could conceivably have her sign an affidavit stating that you owe no arrearage.
How Much Should You Be Paying?
I understand your frustrations with Child Support Enforcement as, unfortunately, they deal with thousands of individuals who show up in their system as having arrearages. It is an unfortunate byproduct of the fact that they have so many cases that they tend to not take the time to listen to the individual facts of every case and try to work something out.
Although it is possible to go through Child Support Enforcement, they usually operate under a strict adherence to the rule, rather than providing an equitable remedy that the circuit courts may be able to provide you with.
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 St. Louis Divorce Lawyer Brittany Brown, contact Cordell & Cordell.
