My Ex-husband owes me $45K in back child support. My child will be emancipated soon. Currently I receive (if I'm lucky) $20 arrears per week on top of my court ordered $130. (So $150 per week)
The payment should stay the same as it is now, it will just all be towards arrears. You could also consider adding that the amount owed be reduced to judgment and then have a collections attorney go after him for it. But you will lose a third of it going that way in all likelihood.
You will need to file an application with the Court to ask for it to be more than the $20/week arrears payment that you are receiving now. It would certainly make sense, given the amount that he owes and the amount he has been paying you, for him to continue paying at the rate of $150/week - applying all of it toward the large arrears balance. You will need a new court order to specify that level of an arrears payment.
Arrears will continue to be paid even passed the point of emancipation. You should ask once the children are emancipated for the arrears to be increased to at least the total current child support payment
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There are numerous avenues that you can go down. First, you may file an application with the Court to simply increase arrears payments. Considering the amount of arrears owed, and the fact that it would take over 187 years for him to pay you back at his current rate, the Court may entertain increasing the arrearage payment. Additionally, you may ask the Court to make the arrearages a judgment and levy his accounts or other assets. You should consult an experienced family law attorney to ensure that your interests are protected.
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