Modification Of Child Support Arrears

advice on divorceQuestion:

I am trying to modify my payments of child support arrears.

I do owe the money and intend to pay it back, but the amount being garnished is too high for me to survive on.

When trying to modify the child support amount, the child support enforcement unit said I am unable to modify the amount because my child is an adult and considered emancipated.

Is this true? How can I lower my monthly child support arrears obligation?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce or child support laws in your state.

The child support recovery unit in your state likely has the power to modify, or help you modify, the terms of your repayment of child support arrearages.

If they are unwilling or unable to work with you, you may have the option of seeking the assistance of the court that issued the child support order currently in place. You may look at filing a motion to modify your child support. Your state will certainly provide rules on how to do it, but most courts have procedures for changing such obligations when a party’s circumstances change.

A child support modification will allow you to change the terms of the decree. In most states, a modification is based on the legal standard that a “material and substantial change” has occurred with regard to how you exercise visitation and child custody, or in your income.

I’d advise you to seek the assistance of an experienced family law attorney to help you navigate what can often be the tricky world of state child support agencies.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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One comment on “Modification Of Child Support Arrears

    My husband is paying for a child that is not his and office of child support told him that he had to pay it no matter what . When the child was born my husband was emancipated and didn’t sign the birth certificate. And shortly after he was out he was told it wasn’t his child but they still said he had to pay they are garnishing his wages … please tell me there is something we can do about this….. thanks kelli

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