I filed for SSD in 2000 and was awarded disability in 2007. My SSD monies has been garnished each month since then for back child support. There are 5 adult children involved, ages: 27, 26, 24, 23 and 21.
There is the concept of abatement in Colorado, as there is in most states. However, I do not think that it is applicable in the situation that you describe. Child support and back child support is very unique in that it takes priority over any other indebtedness and survives bankruptcy, etc. As such, I have seen many people on SSD who have had their paychecks garnished.
Under the circumstances you have described, the answer seems to be: "No." Correct me if I have this wrong, but you are saying your children are all adults, you are not paying current child support (because the children are all adults), but you are paying child support arrears?
As a general rule, a child support payment cannot be modified or abated after its original due date has come and gone, unless you filed a motion to modify before the due date of the payment. The only exception to that general rule, art least in Colorado, is where the children came to live with you while they were still under the age of 19 years. You could then file a motion asking the court to cancel your child support obligation during the time they were living with you.
One other possibility is that the children's mother could agree to accept less than she is owed to pay off the arrears, but that cannot be forced upon her by the court or by child support enforcement agencies.
It sounds like you are no longer paying current child support because your children are all grown. Assuming this is true, back child support cannot be modified after the fact. Perhaps you can try talking to your ex to see if she would be willing to compromise in some way. Perhaps you can pay her a much much smaller lump sum amount in lieu of many years of payments. Make sure you get a signed court ordered agreement before you pay her a settlement amount since she could renege on the deal otherwise.
All written responses are for general informational purposes and do not constitute legal advice. Please consult an attorney for legal advice
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