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?
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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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.
8 comments on “Do Payments Toward Child Support Arrears Go To My Ex?”
I was married in NY state in 1995 to a woman with 3 children. At that time the biological father was still living in NY state and was under court order to pay child support. As far as I know he has never paid C S . The court order was adjudicated in Lewis Co., Lowville NY. In 1997 we moved from Lewis County to Niagara county. We were unfortunately separated in 2002 at which time she began receiving Department of Social Services benefits. I provided her and the children a 4 bed room domicile . In 1997 The biological father went to another court which gave him full custody of the 3 children. He did not make any attempt to obtain physical custody of the 3 until 2006. Him and the children than moved to Hondo,TX and in 2007 she moved to Lander, Wyoming. I should never have been responsible for the support of the children as he obtained legal custody. The biological father’s name is Kevin Bowser and Ann B. Bowser Printup And I were divorced in 2007. I don’t know if she is still receiving payment for the arrears but she asked to return to her maiden name in the divorce decree . To the best of my knowledge she never changed her name and still goes by Printup. I shall THANKYOU IN ADVANCE for any and all assistance granted me.
Dcs collected payments for back support but did not send it to me! Do they have to pay interest on the money they have held for 8 years
I’m on SSDI I get 780 a month, Child support takes 400 a month for arrears.. How can I get this reduced to a lower payment??
My kids dad hasn’t aid child support in years he has now filed taxes for 3years will I get any of the money?
Can my sons mother settle on a lesser amount on my arrears and be done with it
they take child support from my social security my kids have family of the own and I can’t live my life depending on other people to help me pay my bills.when do I finish paying child.support I’m 72yrs old and I need my money for my bills. they don’t send me enough.
THIS, is exactly what I’ve been really worried about!
I’m on SSI because I’m disabled (I’m 42) so, my total income is 700$ a month, (try to survive on that! I’m actually counting on croaking before my mom cuz, if she goes first, I’ll be rendered homeless and, transportationless as well (I’m mobility impaired so, I can’t walk all over town to get to and from bus stops) so, I’ll be in a world of you know what) my son will be 18 in 2 months. I’ve not paid any child support cuz, I truly can barely afford to stay alive and, I CANT work. If i could, I wouldn’t be getting SSI. i’m terminally ill and, 95 – 97% bedridden, I have morbid pain every second of my existence, I CANNOT, GO, TO, JAIL!
So, obviously that is something that utterly TERRIFIES me!
If I DO go to jail,
I LOSE MY SSI !!!
THEN, I REALLY can’t pay child support at all. EVER.
That means what?
I die in jail?
Is that what will happen if you were to stop paying?
Would you be put in jail?
How can ANYONE support ANYONE if they can’t even afford to EAT!!??
Can I file bankruptcy on the interest of my arrears since my arrears have been paid off.