How can I get out of paying child support if I've been out of work for years and am trying to get my disability?
2 attorney answers
I agree with the attorney above regarding back child support. The only relief you may be able to get is to go to the court and work out some sort of payment plan.
If there is an ongoing issue of support (your child is still a minor and you still have an ongoing duty of support), I would advise you to file a modification immediately. The child support guidelines have changed effective 1/1/2020, and there is now a "ability to pay calculation" which may be able to reduce your ongoing support to zero. Review the new guidelines on the Supreme Court Website. There are also new guidelines as the the effect of social security disability, which may impact your case and you should review.
Each payment is a final judgment. Each payment draws interest at the judgment rate from the date due until the date paid. Therefore, you owe much more than you think.
You should have filed a motion to reduce your payments when your income was reduced.
A court cannot forgive payments after the payments have accrued.
A court can take up to 65% of your net earnings and any tax returns.