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Author Topic: Unemployed and Back Child Support Problems  (Read 4436 times)

bulls922006

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Unemployed and Back Child Support Problems
« on: Nov 11, 2008, 04:39:28 PM »
Greetings,

Thank You For Your Time.

I am unemployed and I owe back child support.
My daughter is 20 years old and I live in Georgia.

I am a contractor (data/report analyst) and I have not had any steady consistent work/contracts this year and last year.

This year I have only worked about 17 weeks earning about $15,600 (before taxes).

They sent me a letter saying that they are going to suspend my license Nov. 30th.
They said I must pay $2,080 and $414.00 a month.

Where can I get free help for low income individuals?
How do I handle this situation?
Who can tell me what paperwork I need and who can review my paperwork to make sure it is correct and help me with this process?

Thank You For Your Time,
Gerald


Katies_Dad

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Re: Unemployed and Back Child Support Problems
« Reply #1 on: Feb 01, 2009, 12:48:44 AM »
Well, I'm not in much of a position to speak to your legal situation, as I'm Canadian, and am not familiar at all with the US legal system. However in some brief reading, child support is based on income in the US just as it is in Canada. My advice, get a lawyer, or at least show up in court with your financials, and make a case for yourself. The facts speak for themselves.

If you're trying to get out of paying back-dated child support, good luck on that, it would be based on your previous years income, not your current income, and if you're in arrears from a year where you made more money, tough luck.

I personally don't agree with the outlandish amounts one must pay in child support, I think the situation needs to be looked at from a much more detailed angle, however, in Canadian law, one size fits all, a childs age, custodial parent's financial situation, and all sorts of other things aren't even considered. It's based entirely on the non-custodial parent's income... I think the laws need to change, however with that being said, it doesn't release one from PAYING child support, you have a moral and legal obligation to care for your children financially, even if you aren't the primary care-giver. And for that reason, even though I know my child support payments are too high (And don't even go to the care of my child) I still pay, on time, every time.

If you're looking for sympathy, you aren't going to find it here, my friend. pay up, like the rest of us. Get employed, if you aren't making any money as a contractor, it's time to change jobs. Do something to better yourself, set an example for your children, if you legally owe that money, you will be doing yourself a favour by simply making arrangements to pay it. Fighting this one in the legal system is a loosing battle.

gemini3

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Re: Unemployed and Back Child Support Problems
« Reply #2 on: Feb 02, 2009, 04:09:08 AM »
If your child is 20 - why are you still paying support?  Is she in college?
 
If your income has changed substantially since the support order was written, you need to file for a motion to have it adjusted.  Go to the states website for child support and it will have instructions on how.
 
That being said, you are responsible for filing the motion if your circumstances have changed.  You may be able to get a modification, but you will still be responsible for the back amounts.
 
Hopefully you are paying something toward your obligation?

awakenlynn

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Re: Unemployed and Back Child Support Problems
« Reply #3 on: Feb 20, 2009, 08:59:45 PM »
We too are currently unemployed and have back child support, and I think that many more NCP's are going to be in the same boat before the economy gets better.
 
Every state I believe has a low income legal aid.  Call some attorney's and see if they can tell you who that is.  Also see if you have a law college in or near your community.  Most of them have family law clinics where professors and students will help at no or low cost.
 
Also make sure you have informed the child support office you have been unemployed since "x" date and even though they want you to send them a specific amount and you can't show good faith by sending every dime you CAN.  I don't know if it will be able to stop the suspension, but you will need to try to go to court to try and modify the child support until you are working again.
 
awakenlynn

 

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