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Child Support Arrears

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Anne Ominous

Junior Member
:( New York State

My husband spent 5 years in prison. During that entire time, he was charged $50 a week in child support, that he was obviously unable to pay or do anything about because he was in prison. So now he has over $13,000 in arrears, and it seems like it's only getting worse and worse.

In the past year, my husband has lost over 5 jobs simply because he can not afford the gas to get to work after taxes and support and bills are all taken out of his paycheck... he is in the negative!

Leaving out all my personal opinions on how the child support system works, I will now list all the facts I believe are relevant.

First of all there is his oldest daughter. She has lived with HIS mother (HER mother fits the criteria of the 'dirtbag dad', who has had absolutely nothing to do with her what so ever) since he went into prison. His mother used all the welfare benefits possible, and is giving us a hard time about gaining custody of this daughter now because she's grown quite used to having the state pay all her bills. Meanwhile, when it comes to this daughter we have her every weekend, all summer long, and even if we have to go to court again she will be living with us at the end of the school year. However, I am constantly told that these arrears will still be an obligation, and I can understand why they would be. This first case is the one where he owes over $13,000 in arrears. But I have also been told that child support is based on the income. I believe he was making $7 every 2 weeks while he was in prison. Will somebody please tell me if there is any hope at all in having these arrears modified or changed in any way?!

He is also paying support for another daughter as well now. The problem is, between these two cases child support is taking 50% of his paycheck. I know that amount is wrong and we are in the very long process of having it modified but in the meantime I am afraid he will lose another job. The job he has now is really good, and I have a 4 month old son with him. We are constantly counting change just to buy diapers, and I have considered taking him to court for child support just to make sure we can keep some of that money.

I guess the only real question I have is what can we do about those outstanding arrears, being they were from a time when he was in prison and couldn't do anything about it? We can't afford a lawyer, but if a lawyer could help him clear his name of that outrageous debt than I may be able to find a way to borrow money from a family member. I would have no problem with paying a lawyer if they could get his name cleared of that debt so we can support our entire family.
 


Neal1421

Senior Member
This is not legal advice but why in the world would you have a child with a man that cannot support the two that he already had?

Do you have a job?

Dad has to pay the arrears, there is nothing he can do about that now unless the mother is willing to forgive them. But if she was receiving state aid for the child, the state is still going to come after the money owed to them.
 

seniorjudge

Senior Member
I guess the only real question I have is what can we do about those outstanding arrears, being they were from a time when he was in prison and couldn't do anything about it?

Being in prison does not relieve him of being liable for child support.
 

jbowman

Senior Member
:( New York State

My husband spent 5 years in prison. During that entire time, he was charged $50 a week in child support, that he was obviously unable to pay or do anything about because he was in prison. So now he has over $13,000 in arrears, and it seems like it's only getting worse and worse.

Of course he was charged the money. He is STILL responsible financially for his child. Who was supposed to pay, if not him? It is not his child's fault that he went to prison.

In the past year, my husband has lost over 5 jobs simply because he can not afford the gas to get to work after taxes and support and bills are all taken out of his paycheck... he is in the negative!

Well, then maybe he should take a bus. Its usually only 2 bucks each way. Saves alot of gas money.

Leaving out all my personal opinions on how the child support system works, I will now list all the facts I believe are relevant.

First of all there is his oldest daughter. She has lived with HIS mother (HER mother fits the criteria of the 'dirtbag dad', who has had absolutely nothing to do with her what so ever) since he went into prison. His mother used all the welfare benefits possible, and is giving us a hard time about gaining custody of this daughter now because she's grown quite used to having the state pay all her bills.

The state will come after him--if they have not already--to pay back all of the aid that grandma has received on his child's behalf.

Meanwhile, when it comes to this daughter we have her every weekend, all summer long, and even if we have to go to court again she will be living with us at the end of the school year.

So, you are planning to take custody of a child when you say you can not even afford gas or diapers now??? You know she is going to need to eat and have clothing, right?

However, I am constantly told that these arrears will still be an obligation, and I can understand why they would be. This first case is the one where he owes over $13,000 in arrears. But I have also been told that child support is based on the income. I believe he was making $7 every 2 weeks while he was in prison. Will somebody please tell me if there is any hope at all in having these arrears modified or changed in any way?!

The arrears can not be modified but the current support can be if there is a change of circumstance. He will still be obligated to pay the arrears--especially if they are owed to the state and not mom.

He is also paying support for another daughter as well now. The problem is, between these two cases child support is taking 50% of his paycheck.
I know that amount is wrong

This amount is not wrong--this is the amount that they can legally take--someone correct me if I am wrong. Maybe all states are different but 50% is the most my state can take.

and we are in the very long process of having it modified but in the meantime I am afraid he will lose another job. The job he has now is really good, and I have a 4 month old son with him. We are constantly counting change just to buy diapers, and I have considered taking him to court for child support just to make sure we can keep some of that money.

I guess the only real question I have is what can we do about those outstanding arrears, being they were from a time when he was in prison and couldn't do anything about it? We can't afford a lawyer, but if a lawyer could help him clear his name of that outrageous debt than I may be able to find a way to borrow money from a family member. I would have no problem with paying a lawyer if they could get his name cleared of that debt so we can support our entire family.
You should probably consider working, if you dont already. Seems like dad made his bed and now he has to lie in it. Unfortunate for you because Im sure you love him but jeez, why have a child with someone that had all these issue? Two children that he currently is not financially supporting now another mouth to feed? What happens when you guys break up? You'll be in the same boat as mom 1 and 2. Pretty bad situation. You know, why dont you borrow the money from a family member to pay off the arrears instead of trying to get out of his obligation?? just a thought...
 

nextwife

Senior Member
Does he owe CS for the oldest to his mom, whom the child has been living with, or his ex? Was custody ever LEGALLY changed to his mom? Because, until it is legally changed, mom, not Grandma, is entitled to the CS for that child.

Oh yeah, when Grandma has custody, she is entitled to file for CS from BOTH parents.
 

BL

Senior Member
But I have also been told that child support is based on the income. I believe he was making $7 every 2 weeks while he was in prison.
There is the New York State Child Support Standards Act . Look it up .

Your husband was/is paying the mandated minimum on at least that child . It is ordered with little or no income .

You state at least the mother collected State assistance , the State won't give it up . Believe me the State paid way more for the care of that child than 50 bucks a month .

The other order may be able to be modified , depending on the circumstances , but if He's just quitting jobs , the Court is not going to lower it .

He will be told , get a second job .

It is also your responsibility to help support the children , If you haven't a Job get one .

On the mention of you Petitioning your husband for support of another child , " to be able to keep more money " . What are you talking about ?? If you live together , you can't Petition for support for you child together !!! Even if you weren't living together , you wouldn't get more . And if you you yourself refer to more by collecting State assistance yourself , it would only be about 50 bucks per month credit .
 
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