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When used in reference to child support payments, this term refers to an accumulation of the past child support payments that were not paid by the non-custodial parent of a child in the manner that was ordered by the court. Child Support Arrearages can become a relevant issue in some stepparent adoptions, or in the adoption of non-infant children, because even though a severance, or termination, of the parental rights of the non-custodial parent who was ordered by the court to pay child support, and the subsequent finalization of the child's adoption, will relieve that parent of the "future" legal obligation to pay child support for the child, in most states, this does not erase the legal obligation of the now ex-parent to pay the unpaid child support payments (Arrearages) that became due before the termination and adoption became final.

Question: How do I take my exwife to court to determine arrearage of child support? Our arrearage figures differ and she will not meet me to go over payments.

Answer: If you were not paying through the courts, anything you were paying can be considered a gift. You better research Georgia law to see if it has something like this. http://jfs.ohio.gov/OCS/faq.stm#ce11 If that's the law, you have no choice in the matter, you were giving gifts and not child support, so there's no use going to court. If the state does not have that law, than see if she was collecting Welfare during that time? If she was, you will still have to pay them back, but you can sue her to get your money back. If neither of these cases apply, than your final option if court, and having her served to appear. You will be filing a "Motion to Clarify Support Owed". This can be done Pro Se, however the judge may or may not be obligated to rule in your favor. In Illinois, they would be required to, so do some research. Check with this company on the pro se motion. They do more than just divorces. http://www.helpyourselfdivorce.com/ To learn a father's rights, join Dads House in Yahoo Groups. It's free to join, access all materials, and you associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. http://Dads-House.org \\\\\\\\\\

Question: What do I need to do to take my exwife to court to clarify child support arrearage in Georgia? She claims one figure and I claim another. She refuses to meet to see my payment reciepts.

Answer: If you were not paying through the courts, anything you were paying can be considered a gift. You better research Georgia law to see if it has something like this. http://jfs.ohio.gov/OCS/faq.stm#ce11 If that's the law, you have no choice in the matter, you were giving gifts and not child support, so there's no use going to court. If the state does not have that law, than see if she was collecting Welfare during that time? If she was, you will still have to pay them back, but you can sue her to get your money back. If neither of these cases apply, than your final option if court, and having her served to appear. You will be filing a "Motion to Clarify Support Owed". This can be done Pro Se, however the judge may or may not be obligated to rule in your favor. In Illinois, they would be required to, so do some research. Check with this company on the pro se motion. They do more than just divorces. http://www.helpyourselfdivorce.com/ To learn a father's rights, join Dads House in Yahoo Groups. It's free to join, access all materials, and you associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. http://Dads-House.org \\\\\\\\\\

Question: How can I sue for back arrearage and freeze his accounts at the same time so that he doesn't spend more money? My kids father just received inheritance money from 6 different life insurance policies. Yet, he still owes me 36,639.82. Can I sue him in civil court and freeze his accounts so that he wont spend anymore money. As soon as he finds out I'm sueing him in civil court, he's going to transfer that money.

Answer: You might want to talk to a lawyer to see if you have enough evidence of the debt to win in court. A letter from the lawyer laying out the case against him might be enough to get him to at least start some type of payment plan. Good luck!

Question: What happens after chapter 13.My home, will still have an arrearage after the payment plan through court?

Answer: Dear A D, You will have grief. Upon completion of your Ch-13 Plan, you lose bankruptcy protection. Your lender could commence foreclosure. The author of your Ch-13 Plan did not serve you. Your options are as follows: 1) File an amended CH-13 PLAN if you can do so in a manner that allows you to clean up any arrearage, or: 2) Contact your lender to make a repayment plan to take effect uon your termination of your Ch-13 Plan. You must follow one or both of the above. It is not necessary to place blame on your situation. Perhaps, your plan writer could only present a plan resulting in the arrearage because of limited income. In this case the writer has effectively bought more time...It might have been or is still anticipated that it is hoped or planned you are able to refinance your loan balance and eliminate your prospective arrearage through borrowing. Doing nothing at this point is not an option. Start planning NOW. Good Luck.

Question: Punishment for child support arrearage in Maryland? My husband didn't pay child support for 7 years; then we got married and we've been paying his support for the past year. He just got arrested on an old warrant and now I don't know what they will do? Is it likely that he will go to jail? Don't they realize if he can't work; we can't pay? HELP!

Answer: He needs to go to jail, if he made babies then wont help take care of them, Ive been there b4 and its not fun trying to raise a child on just your income and the deadbeat dad isnt paying anything, you are a fool..........................his children are the most important things in his life or atleast they should be...........

Question: Can a Judgement be filed for arrearage of child support? I pay 900 every month for child support. A portion of that goes towards arrearage. The arrearage was assessed to me four years ago because it was determined by family court that I could have paid child support and go to school full-time. (This was while the mother and I was together). Anyway, the mother found out that I was selling my home. She went to the local court and placed a lein against my home "to satisfy a debt owed to the plaintiff". Needless to say this money was supposed to be for me to secure a new place to live. Damn, If i am paying every month the current support and assessed arrearage through the Division of Child Support, can she (for lack of better titles) screw me like this? My settlement is on the 15th of this month.

Answer: You should consult an attorney or look up your states child support enforcement site and state laws to see if this is allowed. Most states allow leins against property to settle a child support debt. However, if you are not behind on the order and paying as the court ordered, an attorney might be able to stop the lein.

Question: why does child support award more than I make & puts me in arrearage? I pay three different mothers & I'm going in arrearage on all three

Answer: You need to go to child support recovery and take your pay stubs, and what you are suppose to pay to all three. They will work with you and try to set up a payment plan that will not put you in the hole. They will help you work through this if you are honest with them. By the way, to stop this keep your zipper up, then you won't have any more kids to worry about.

Question: I still owe $1000 in support arrearage but got my IRS refund (ex got it in past yrs).? I just received my IRS refund. I called the Tax Offset Program and they show I owe nothing. However, my local Friend of the Court says I still owe $750 in child support and another $500 in fees. I haven't received a refund in 10 years as it has went to arrearage. Should I be concerned? I live in Michigan.

Answer: That just means that the local court is behind on reporting the "arrearage" to the IRS. The only problem you will have is that you still owe the local court and they will still attempt to collect and add fees. If they report the "arrearage" to the IRS before the rebate checks come out the IRS will take that.

Question: after a child is 18 can a father hire a attorney to get rid of arrearage?

Answer: Regardless of th child's age, the arrears are made up of interest and/or owed child support payments. At no time can you get child support arrears erased. Don't let anyone tell you that it can be done.

Question: im disabled can i get my arrearage in child support reduced?

Answer: Getting arrearage reduced is not going to happen... File for an adjustment based on current situations and the change is effective on either the date of filing or the date of the order depending on the state, the judge, etc... But PRIOR arrears cannot and will not be adjusted. Basically, you should have filed as soon as your situation changed making you eligibile for a reduction... A judge will tell you the same thing... You screwed yourself... Just fix it going forward...

Question: Child support arrearage for 19 year old? I had order for CS for one year for my son -he was 18,now is 19. For this 1 year my ex-husband pay only for 2 months and he owe me about 4K. Now my son is adult and goes to college,and my husband does not send me any money. He lives in other state out of IL and I don't know,can be under any endorsment for arrearage of $4000. what if he just don't want to pay?CS Agency told me they don't hold the case anymore.

Answer: once the child turns 18.... I don't think they need to pay child support.... legally he is an adult.... no longer a child.

Question: How often do you request a printout from Child Support Enforcement detailing the payments? CSE in most states, like most government agencies, have very poor accounting practices. They add interest penalties when no arrearage exist, show arrearages when the owing parent is current, and even show current when the receiving parent is not getting any money. A printout should be obtained yearly.

Answer: You should request a print out at least monthly, but no longer than quarterly (every 3 months). Also when making asupport payment GET A RECEIPT! Keep those receipts until the child or youngest child turns 25. That way you have absolute proof of payments.

Question: Repost: What are court arrearages in a child support case? What does this money go to? My ex hasn't made child support payment since it was ordered 6 mnths ago. On the child support payment summary there are two different arrearage amounts: One is 2,190 in child support arrearages and the other is 2,230 in court arrearages. How are court arrearages calculated and where does it go?

Answer: The second amount is with interest penalties. \\\\\\\\\\\\\\\\

Question: can child support in arrearage be deducted from social security benefits?

Answer: Child support can attach a wage garnishment in any Social Security benefit EXCEPT SSI -- Social security its supplemental income and cannot be garnished-

Question: arrearage and support questions? My husband found out after that he had a child that he did not know existed after the child was 2 and he was taken to court for child support. The mother was on welfare the whole time and it because she was collecting he had to repay all the money she received from the state, all Medicaid, and part of the hospital bills for the birth. They automatically garnished his wages without giving an option for payment directly and the arrearage was over $10,000. They take a chunk to repay this from his check and all tax refunds. The arrearage was going down until it hit the $3000 mark and then it started going down, then back up again, back and forth. So the questions are: 1. Can he ask for a copy of how the arrearage payments have been applied? 2. Can they just add things to the arrearage without his knowledge even though support and medical are always current? 3. Any ideas on what they could be adding on besides the yearly fee they take to process the account? 4. Hubby says as the child gets older the monthy support goes down? This has not happen yet and the child will be 10 soon. 5. If we have a child together that is disabled will the court lower his support? No bashing please, the mom lives with a guy that makes a lot of money but will not marry because of the extra money from support and we have a disabled child with a lot of bills. To answer the question below: 1.There was a paternity test done at FOC. 2.The child is on his insurance from the time the original order was put on. 3. he does not see the child because the mom is crazy and plays the child against him and he doesn't want the child to be hurt anymore, he barely knew the mom and she did not let him know he had a child. 4. he did not get a lawyer because he was young and did not know better and had no money, he just did what they said to do.

Answer: Alright you have a lot going on and this is what I do for a living (however things vary state to state) First of all, whether she was on state or not the money was going to be paid back to someone so don't feel like you got slammed on that one. If it wasn't going to go to the state it would have gone to her. She had a right to ask for it. 1.) He absolutely can ask for an accounting of the situation. I'm already going to assume the state child support agency has an open case so call them up or go there and ask for a print out of every payment he has ever made. From there simply add up all the charges from the inception of the order on either the weekly or monthly basis that it is ordered. DO NOT FORGET that some years have 53 weeks depending on what day your order starts. So if his order started on a Friday then count the Friday it was ordered and every Friday thereafter, from there add in the arrearage amount and then subtract all the payments and see what the balance is. If it is different you will have a much better idea of where the mistake is and can go back with your ducks in a row. I know I won't listen unless someone has an idea of where to look. Don't worry too much about who the money was owed to yet, just concentrate on the overall balance. 2.) Your husband is entitled to due process and if the arrearage is being adjusted it should have to happen through court based means or a formal administrative process, do the accounting as described in #1 first though. 3.) If the state in which you reside is an interest based state or has just become so it is possible that can be getting added on but you should have received some correspondence about it. I don't remember what number this was but that is absolutely untrue that the order goes down as the child gets older. Across the country it is very much based on income at the time. If you and your husband have a disabled child you could petition for a modification downard and ask for a deviation from the guideline amount - from there it is in the judge's hand. The other side of that argument would be from the mother stating why should that affect her. Before you think that is unfair think about if she tried to get more money from your husband if she had another child that was disabled. I hope this helps, the best advice I can give is go to the agency and talk it through (yes I realize they can be jerks, if I knew where you lived I may be able to provide a contact)

Question: How long do child support arrearages stay in effect? Can one file bankruptcy on child support arrearages? Also, it has been proven that the original arrearage was $75.00 then a month later it went to 1k then 3 k 2 months later and now it is over 44k in arrearages. Any suggestions out there? Time was served for 39 days because of child support. Can one be charged again for the same thing? Can they garnish wages for child support arrearages? Can they take tax refunds legally? Also, this person was charged and sentenced for 39 days, and received probation for 3 years. Can he be charged again or does the double jeopardy law come into effect here? There are ONLY arrearages left now, NOT child support on this.

Answer: What they usually do is move the amount forward if you are convicted. So basically put, it becomes the 39 days plus the arrearage. Now, they won't be charged on the same thing per se, but since the amount was moved up, they'll just be charged if they deliberately refuse to pay that amount. Catch my thinking? Take a theft where you were ordered to pay restitution + jail time. If you refuse to pay, you won't go to jail for the original theft, you'll go to jail for the refusal to pay the restitution, and so on. You aren't being jailed again for the child support, this is a new amount (though it's basically the same thing). And as far as your next questions and your first, yes and no. They can garnish wages and intercept tax refunds, and no, child support arrears are not discharged during a bankrupcy. They can be suspended during a chapter 13 restructuring, but only for the time it takes to restructure, and then they'll be back again.

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