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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Am I Still Responsible for Arrears when Support Order Has Expired

    My question involves child support in the State of: New Mexico

    I have a daughter with a woman who waited until my daughter was 9 years old before she filed for child support, she told me she had a miscarriage and wanted nothing more to do with me. When she no longer has someone to support her she went after me for support. Stupidly I signed and accepted the arrears, in the amount of 35000. My wife and I made payments and we have got it down to 13000. Now my daughter turned 18 in March of this year and when she was 18 she had already dropped out of school. On my original child support order it CLEARLY states that when the child has reached 18 and is out of school, or is 19 and still in school, I will only pay on the arrears, in the amount of 100 a month. My Child support caseworker sent a letter to my employer and myself changing the amount of payments to 100 a month in August, now I got a letter in the mail stating that I will have to pay the full amount once again, and threatening to take my drivers liscence. Obviously I am not the one that made the changes to file, the child support caseworker made the changes, because it says it on my order, that the arrears are to be paid at 100 a month. Can they do this, can they keep changing things without my right to appeal the order, and why do they keep doing things like this. I would like some advice on what to do and if I need an attorney. I do have a copy of my original order, the I signed in 2002 and we have never gone to court or had any changes made that I am aware of. Thanks

  2. #2
    Join Date
    Oct 2006
    Posts
    6,349

    Default Re: Am I Still Responsible for Arrears when Support Order Has Expired

    Quote Quoting awmcintosh
    View Post
    My question involves child support in the State of: New Mexico

    I have a daughter with a woman who waited until my daughter was 9 years old before she filed for child support, she told me she had a miscarriage and wanted nothing more to do with me. When she no longer has someone to support her she went after me for support. Stupidly I signed and accepted the arrears, in the amount of 35000. My wife and I made payments and we have got it down to 13000. Now my daughter turned 18 in March of this year and when she was 18 she had already dropped out of school. On my original child support order it CLEARLY states that when the child has reached 18 and is out of school, or is 19 and still in school, I will only pay on the arrears, in the amount of 100 a month. My Child support caseworker sent a letter to my employer and myself changing the amount of payments to 100 a month in August, now I got a letter in the mail stating that I will have to pay the full amount once again, and threatening to take my drivers liscence. Obviously I am not the one that made the changes to file, the child support caseworker made the changes, because it says it on my order, that the arrears are to be paid at 100 a month. Can they do this, can they keep changing things without my right to appeal the order, and why do they keep doing things like this. I would like some advice on what to do and if I need an attorney. I do have a copy of my original order, the I signed in 2002 and we have never gone to court or had any changes made that I am aware of. Thanks
    You are responsible for the arrears until they are paid off. Its not uncommon at all for the entire original support payment to be continued to be paid until the arrears are paid off. At 100.00 a month you might still be paying on arrears when you are retired.

  3. #3
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Default Re: Am I Still Responsible for Arrears when Support Order Has Expired

    Quote Quoting llworking
    View Post
    You are responsible for the arrears until they are paid off. Its not uncommon at all for the entire original support payment to be continued to be paid until the arrears are paid off. At 100.00 a month you might still be paying on arrears when you are retired.
    Especially in states that collect interest on arrears. I DONOT know if OPs state does. I know WV is a state that does and the interest racks on!

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,291

    Default Re: Am I Still Responsible for Arrears when Support Order Has Expired

    Regardless of what they want to do, CS should be collecting according to the agreement. I suggest you respond to their threat to take your license with another copy of the agreement, advising them you will see them in court to let the judge decide. If you want to pay their way, do so and avoid the issue. It would be best to have an attorney look at this to determine the best legal course of action.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

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