Does back child support belong to the Mom or to the kids? Although this may seem obvious, the biggest reason behind many arrears problems is that the current Court Order is incorrect. Even if there is no basis for reducing back child support, we can petition the Court to set-up a payment plan, so that you will have sufficient funds to support your current household. I am filing a motion to dismiss arrearages for lack of jurisdiction and no proof I owed the amount to the custodial. If your back support is based on an Invalid Judgment (e.g., you were never properly served with Court papers) your back child support can be wiped-out if the Judgment is “set-aside.” In one of our LA cases, where the parent was “served” at the wrong address, we were able to wipe-out more than $27,000 of arrears. And also, if you eventually run into problems with your credit card, your credit card debt may be dischargeable through bankruptcy; whereas child support debt owed to the State is never dischargeable. Here are strategies used in resolving back support cases. And they may or may not have to notify the court that they are involved, which you would have to pay for their time to do the notification if they are required to do it as well as any time they spend reviewing/revising your motion. Child Support Terms • You will need to present the judge with proof of your income for the years you want the Court to reconsider your child support obligation. At this rate, it can become impossible for some parents to ever reduce back support. This is unfortunately not correct. His lawyer filed a motion to dismiss because I did not send the financials can I contest this or will I have to let them dismiss and refile the motion. Cloudflare Ray ID: 5f12128de96fffcc The child lives in the foreign country. Are you a resident of Nevada? You should use experienced counsel to handle your case, as you may only have a single shot at resolving it. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. If the amount of back child support is incorrect (e.g., you have not been credited for payments you made), then it can be corrected by filing a Motion with the Court. Dealing with Back Child Support is the most common problem that comes up in California DCSS Child Support Cases, and so here is some more information about the laws in California on the subject of arrears. The parent’s net income must be less than 250% of the federal poverty level. File a Motion to Establish Your Child Support. Child support arrears between 1975 and 2006, according to the federal Office of Child Support Enforcement, reached $105.4 billion. -Complete the Joint Motion to Terminate Child Support or Motion to Terminate Child Support in black . It's irrelevant to this issue that you used a paralegal. Performance & security by Cloudflare, Please complete the security check to access. You may be able to find an attorney who will do this for you, you may not be able to. We are an experienced California law firm with over 25 years worth of hands-on experience, specializing in fathers rights, successfully litagating Child Support and custody matters. Will it cost much for an attorney to review my paper? California Child Support - Back Child Support (Arrears). Under certain narrow circumstances, a parent can request that the County close their case file. Because it is a court-ordered arrangement, parents must go through a legal process to waive these payments. These are all off-hand references that everyone understands, but what is the legal definition? In this case, he will probably try to show that his income has dropped. • If it is just straight child support arrears, if the custodial parent wishes to waive them, then a stipulation will need to be prepared, and signed by all parties, including DCSS, if they were involved. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Follow these steps when going through the process to protect yourself and your child. What you’ll need to do to try to avoid this is to get a Court Order for a fixed amount well ahead of time in order to minimize your risk. Another way to prevent getting this page in the future is to use Privacy Pass. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Under California law, the following Strategies may be available for dealing with Back Child Support/Arrears problems: If the arrears are owed to the County, we can apply to have the debt reduced up to 90%. The official term used by the State of California DCSS is — “Arrearages” and which is defined as — “The unpaid child support payments for past periods owed by a parent who is obligated to pay by court order. Think about it this way – if you put money into the bank and several years later wanted to take it out, wouldn’t you consider the interest to be part of what you are owed? What to state on dismissing unadjudicated arrearages based on lack of jurisdiction and no proof that I owe custodial arrears? When I obtained the divorce in Nevada, the child and the mother resides in the foreign country. He has never been a resident of Nevada. Remember — the State of California accepts MasterCard and Visa. The parent can apply for this program if the child is still a minor and is now living with the parent. ink or type it. Order Terminating Child Support . I am using forms from district court for pro se. By Your Neighbor in forum Child Custody, Support and Visitation, By mommeee in forum Child Custody, Support and Visitation, By jpursley in forum Child Custody, Support and Visitation, By maestromjd in forum Moving Violations, Parking and Traffic Tickets, Filing a Motion to Dismiss Child Support Arrears, Using a Laches Defense to Child Support Arrears, Contempt Motion, Filing Motion to Dismiss vs Motion for Summary Judgement, If this is your first visit please consider. How to Get Child Support Arrears Dismissed 1. These cases can turn into lifetime problems. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Many parents who owe back support talk about interest (on arrears) as if the interest is not really part of the arrears; and also as if it is not something that they are really expected to pay. Recently, the judge ruled that the arrears shall remain unadjudicated. In one case, we were able to excuse 3 years of back support because we showed that the child was actually living with Dad during that time. You can ask the child support court or your family court judge to re-calculate your child support amount. Idk the laws on that in Nevada, but in some states the attorney will have to notify the court that they were involved in drafting the motion even if you file it pro se. If you’re not taking action to make things get better, they will inevitably get worse.
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