I tore the tendons badly in my right arm went on state disability for a year, I find out now child support payments should

Asked almost 2 years ago - Rohnert Park, CA

have stopped . question, can I get that year and all the interest taken off that has accumulated because of the high arrears due to that year off.

Attorney answers (2)

  1. Stephen Ross Cohen

    Contributor Level 20

    Answered . No, but you can try to get present child support lowered by telling tecourt what happened. It will be a uphill battle. Try negotiating with he Custodial Parent.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more
  2. Michael John Apicella

    Contributor Level 13

    Answered . As for your current child support amount (per the existing court order), if that amount is incorrect based on either your income, the other parents income, or the parenting plan, then you should file a child support modification motion ASAP. Any modification of support is only retroactive to the date you file the motion with the court.

    As for arrears, there are some VERY LIMITED circumstances in which arrears may be reduced depending on the facts in your case. You should consult with a local family law lawyer (one that is experienced with this type of issue) to see whether the facts and circumstances in your matter warrant a reduction of arrears.

    In the meantime, here's a link to a list from a family law lawyer in LA regarding ways to reduce arrears: http://www.childsupportla.com/servicesback.htm

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