ive had 7 surgeries and still not in the clear im in the hole and unable to pay any more support.ive notified cs authority.can i be prosecuted.is there anything i can do to hold them off
I always advise my Social Security Clients and those unemployed to make any attempt to pay child support each month, even if it is not the full amount.
As for any criminal prosecution, you would have a good defense that you are not willfully refusing to pay child support.
Though the future is not bleak. If you are awarded disability, your children may be eligible for benefits payable off your record. Therefore, under Missouri Law you can have your current child support modified to subtract, dollar for dollar, the amount the children receive from SSA (if your cs amount is $500 for 2 kids and they receive $500 from SSA you would owe nothing, if they receive $450 then your child support would be $50). This would last until the children are no longer eligible for SSA payments.
While this may not assist with any back due support owed, you maybe able to convince either the other parent or a judge to credit you any back due payments paid to the children towards your backpay or to waive the back due support.
Please note that this is a general answer to a general question and does not constitute any attorney-client relationship. Please seek out an attorney in your area to discuss your matter.
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