What Are The Child Support Laws Dealing With Child Support Arrears?

divorce lawyer Tamara HoffstatterQuestion:

I recently received a letter through the mail informing me there has been a felony warrant issued for my arrest for nonpayment of child support.

I am paying some child support, however the arrearages keep piling up; almost $100,000 now! I have no idea how I will every pay that off?

Do you have any child support advice you can give me?

Answer:

Please note that I am not licensed in your state so I am unable to provide legal advice on divorce.

It definitely sounds like there is some confusion with there being proper accounting of what you have paid by way of child support, and what you are obligated to pay.

You need to get an accounting of what you have paid and get an itemization of what the court is saying you owe. More importantly, you need to see an attorney right away to deal with the outstanding warrant.

The best way to determine how to eliminate your arrearage is to first check with the Child Support office to determine how much arrearage you still owe and ensure that this is the correct amount (calculation errors can be made by the state).

If the amount owed is incorrect from some reason, such as you were held liable for support after your child was declared emancipated by the court or you were held liable for support in an amount different from the court-ordered amount, you may petition the court to fix your child support obligation.

If the amount you owe is correct, then you are obligated to pay that amount in full eventually. You may be able to contact the child support division of the prosecutor’s office to discuss settling on your arrearage as well.

If you need financial advice on divorce, or wish to take specific action in this matter, you need to contact an attorney immediately for assistance. Cordell & Cordell does represent clients nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Tamara Hoffstatter, an attorney in the Troy, Michigan, office of Cordell & Cordell, please contact Cordell & Cordell.

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16 comments on “What Are The Child Support Laws Dealing With Child Support Arrears?

    Hi, I talked to my daughter and she moved out and her mother will not give her any child support arrears I owe. Is my child entitled to collect the arrears or is her mother suppose to collect it. Now in nys they give out a chip support card to draw out money when a child support payment is made. I wanted to know if my daughter is entitled to keep that card or her mother. Thank you…

    The arrears is money her mother used, spent to support her during the time you were not paying childsupport. HINTS: childsupport arrears. So, the arrears go back to the parent to reimburse the money she put out while the child was a minor…
    Its like a loan is the best way to put it.
    I can use other examples but I will just 🤐

    My brother-in-law is 63 and living with his 30 yr old daughter. He is on SSI and has been 20 yrs. or so. He did not know he had a daughter until she was 12. Naturally he was in arrears when he found out. Her mother died 2 yrs ago and Texas is still holding out arrears. Who is getting that money? Why is the daughter not getting it?

    That is if her mother or herself did not live on welfare, by welfare I mean the cash assistance.
    If you or anyone uses the cash assistance/welfare then no matter who the childsupport is being paid through (state), or if being paid directly, the entire check goes to the state every month. The state disburses whatever amount to the parent on the welfare. Atleast in Louisiana

    My ex husband passed away owei,g over eighty thousand dollars in back child support. The state was garnishing his social security. I understand that stops. Can they garnish the wife that will now receive his social security death benefits for the back child support?

    Child support recovery keep coming at me with I’m going to sisppend your licience if ya don’t pay 20% of the rear. Every time I pay it it never goes to rear amount. Amount just keep getting bigger cause they keep adding there fees and what ever else they want to do.

    I owe back child support. I was in prison I owed for 38 months while incarceration.i return from prison and payed 6500.00 that was ceased from my bank account
    However while in pr I son I sent home at least 3000.00 .Also I have payed
    2.5 years while locked up with put missed payments. And am currently paying now. 422 per month for one child .The child does want anything to do with me.and I’m at a point that I can’t get anything on credit. I need to know if there is anything I can do .They say I owe 25000.00 and there is no way I can pay that plus 421 per month. And I’m being charged 200.00 interest every month. .How can a man pay 421.per month.plus the 200 interest and plus something towards the arrears. I need help asap.i can’t buy anything on credit. And without credit I will never own anything also my son doesn’t even have my last name and don’t claim me.

    I got divorced 15 years ago and my wife would not want child support did you find it off as no child support but later on down the line she decided to charge me with child support I asked Work why my Child support lawyer said she has the right to change your mind at the point she did that she was already married with three of the children alone she took my children without my permission now $81,000 in the rear I have been paying on the child support for the last 15 days have to be something I can do to get this off my record it is stopping me from great jobs and great opportunities I’ll need help

    In Louisiana your or her childsupport does not start until the date she files (or her attorney) files for the childaupport through the Clerk Of Courts office. Now maybe being that you all were married, you acknowledged the child was yours from the initial the proceedings is why they are able to go back to day 1. Get an attorney

    i had a child support case in three counties, i paid each county the amount that was ordered and now the dekalb co dhs comes back and said that i owe $40,000.00 dollars in arrears. i show them the payments i have made each month for the duration of the support of the case, they say they sent the payments to carrollton. So what does that have to do with ME. cobb co dhs tells me to pay to them and they make the payment, fulton co said pay to them (i paid over $10,000.00 to them before the childs mother stopped their services), even the judge seen that i had paid over the amount that i should have in court and insturcted dhr to make this right, they came back behind my with the three county case theory and the judge signed the order, i have all my evidence to prove all was paid.

    I went into the dhs, and they say we can only go by the last order, the last order was done behind by back, i did not sign it and i had all the evidence to show all was paid and not given the chance to show it.

    I PAID OUT 30,000 TO CHILD SUPPORT KNOWING THE CHILD WASNT MINE AND THE MOTHER KNEW TOO BUT SHE DIDNT NEVER SHOW UP FOR THE PATERNITY TEST UNTIL I HAD PAID OUT THE ABOVE AMOUNT $30,000 THEY REINVERSE ME BUT CHILD SERVICES TOOK THE FUNDS WITHOUT MY KNOWLEGE OR THE JUDGE KNOWLEGE THEY SAY I CAN GO TO CIVIL COURT AND GET IT BACK IS THAT TRUE

    You aren’t being charged $200 for interest. They are adding $200.00 to your current monthly childsupport for your arrears that you owe.
    So each month your childsupport arrears should be reduced $200.00 (should be $200 less than what your balance was the previous month. That is if the state is not charging & including any interest and/or fees for their services. If they are then you subtract whatever the amount is for fees and/or interest from the $200. Whatever that equals to is the amount you are paying towards your arrears every month.
    For example: total:$200.00
    State fees: 5% (which is $10.00)
    Equals: $190.00

    $190.00 is the amount you are paying towards your arrears only
    $421.00 is your current monthly childsupport payment which you will pay depending on your state, what the judegment states, and/or if she goes to college right after high school.. Some states it is 18, some 19 yrs old, some until they graduate from college…

    The state also has to get paid, so although you did not pay $3,000-$10,000 for a private attorney, you used the state and/or she did, they still have to pay Court Cost (which is the Judges Payment), they still have to pay to file every thing through the Clerk of courts, pay to have the paper work notarized, pay to serve both parties, etc. Etc.

    Hope this helps

    I am not an attorney but I pretty much handled my own long drawn out child support case myself… At times even filing my own papers

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