My child support payments are based on a full-time job which I have not had since 2009 and when my payments were being deducted from my paychecks is was when I had a part-time job because that was all I can do with my mental and physical health issues. I am no longer employed in fact the last part-time job I work was December 2016. I owe over 30,000 in back child support and I have no income of any kind and depend on my family and friends to survive each day as I fight for my disability since I can't find any kind of employment with a felony on my record and all my work restrictions and the medications I take on a daily bases that cause side affects. I don't have anybody to help me pay my child support payments because they all say it's my child not theirs. What can I do before I get arrested and is it possible to be relieved of these payments?
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.
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.
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