The order is in Arizona and one child is married and in the military and my daughter does not live at home. I live in New jersey. Just last year the custodial parent filed an efforcement in NJ. We had an agreement that she would not enforce it and i paid her several hundreds of money directly. My arrears are over $100,000 due to the interest that keeps growing. I am now forced to pay $794 a month yet the total grows $ 2000 a month due to the interest. This is now a debt i can never realistically pay off since the interest grows more than my monthly payments. I asked for a modification from AZ but they denied. I can not afford $794 a month as my income is not even a third of what it was 20 years ago!. I feel hopeless. Will this order ever terminate? I read it terminates 3 yrs. After the youngest child turns 18 . Is that correct or will the arears never be able to be terminated?
Child support arrears are never dischargable. You should never make any direct payments. You would need to have an in person consultation with an experienced matrimonial attorney, to see what, if anything can be done.
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Arrears do not terminate when the children are emancipated, otherwise nobody would ever pay child support and just wait until the children reach the age of emancipation.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
The child support obligation stops upon the children being deemed emancipated. However, if you accrued arrears those do not go away and you will have to continue to pay them. If you are having issues keeping up with the payments, you can file for a motion to modify the payment, but only if you can prove you have suffered a substantial change in circumstances since the order was entered.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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