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Is there anyway to make back child support amounts go away.

Sacramento, CA |

My husband owes over 100,000 in back child support, most of it is late fees. His kids all are in their 20's now and does not have any court ordered payments. Not ro mention, my husbands wife claimed she had the kids when she didnt to get back child support. Is there anyway to get rid of the money due, or get it greatly lowered. We have two kids now and having this debt has really strained my family and made it hard to support our kids.

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Attorney answers 3

Posted

A motion for modification would be the best course of action. Of course, if he waited too long he may be out of luck. Was this a public assistance case? If it was, then no. If it wasn't, then the mother does have some say in whether those arrears are reduced.

Why did he wait so long?

Asker

Posted

they were talking money from his paychecks but we couldn't afford to live that way because we had our kids to raise so he quit and they weren't able to take money. He had four kids. And yes the exwife was on public assistance.

Asker

Posted

Also he asked for a modification and the judge told him no

Hillary Johns

Hillary Johns

Posted

If it's public assistance, then they won't compromise the arrears although it's possible to remove the late fees. I don't know what the situation was when the judge denied his modification motion.

Posted

Your husband may have some limited options available to him, but you need to consult with a competent family law attorney in your area to assist you.

The unfortunate answer is child support obligations never go away and simply ignoring the debt will only make it worse (as you've already come to realize). A debt of child support is unlike any other debt--for example, you cannot get rid of it even if you file for bankruptcy.

The best course of action is to hire a competent family law attorney to advise you properly based on the particular circumstances of your case. It will be well worth your time and money.

Good luck to you.

If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

Posted

This is worth enough money that you should get some help from a competent attorney. You MAY have limited options but only a careful review of all the facts will tell for sure.

Best of luck to you.

Attorney Rebekah Ryan Main

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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.