I have a court hearing to establish child support, and while I'm ready and more than willing to pay the monthly payment, they are also requesting I pay back child support. Can I setup a payment plan or will I have to pay the amount in full on the spot in order to avoid jail?
They should let you set up a payment plan. If the OAG filed the case, talk to them or hire an attorney.
Your "back child support" or arrears can be attached to your current child support payments each month. Your overall payment will increase, but once the arrears are paid off, you will only have to pay current child support.
You cannot be placed in jail at the first hearing when they request retroactive (back) support. It is in the nature of a judgment and they will set up a payment plan -- they never ask for the full amount but sometimes they make ask you to make a down payment on it. Even with that, you can negotiate an amount. If you made direct payments to the other parent or provided necessaries such as formula or diapers or furniture; if you and the other parent lived together before or after the child was born - be sure and bring all proof to the hearing so you can get as much credit as possible to lower the back support. Good luck.
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