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  1. #1
    Join Date
    Sep 2007

    Default Arrears Forgiveness in Indiana

    I left Indiana in 2000. Up until that time, I had always maintained my child support and
    had/still have a wonderful relationship with my daughter.
    After I lost my job that year, I became depressed. I sold what little I owned and relocated out west, thinking
    I could find a new start.
    I was unable to find decent work there, but I did meet and fall in love with my current
    fiance who is Canaidian. I then went to Canada to live with her. During which time she supported me and I
    took on odd jobs up there since I did not have a work Visa, I was not allowed to have a proper job.

    I should`nt have, I know. But I did.

    I should point out, the mother of my child, gave me her support of leaving at the time and
    we have always been on good terms. She wished me well and off I went.
    Still, I did not inform the court, I just left. Another poor choice I know.

    Throughout the time, I fell behind further and further in my support.

    Seven years later now, I have to find a way to make ammends with the child support agency.
    Me, mother and daughter still maintain a good relationship.

    However now it seems unbearable and I find myself in a hole I cant seem to make it out of.
    My license is of course, supended, and I am not able to obtain a passport.

    All poor choices on my part I realize, but I have to do something.
    I will do all I am able to make it right, but Im afraid the prosecutor/judge
    could care less about good intentions.

    I spoke with my my ex on the phone and she said she would contact the prosecutors office
    and do all she could to try to have as much backowed support reduced. She does not want to see me end up
    in prison. She did make mention though that the prosecutor was a bit hard-nosed and seemed to get aggravated
    with her because she has never helped out or pursued any action on her part.
    She said the prosecutor said she had no say in the matter now.
    Is that true?
    Still, she said she would do all she could
    to help.

    I spoke with the State child support agency and was told I owed about $31,000 to her.
    Of that, I owe about $6500.00 to the state of Indiana. The agent said there may be potential to
    reduce much of it...but not what I owe to the state.
    Fair enough.

    I want to take a step in the right direction, but dont know how. I dont know what to do.
    But I want to do something, before it`s too late. As if i werent already.

    I just returned from Canada and dont have a job yet.

    I do however have about $6,000 or so saved up, which is all I have to my name.
    The courts are welcome to it, but I dont know if its enough to do anything with.
    My fiance is also willing to help and together we could probably get a small loan.
    My ex, is also willing to do what she can.
    In your opinion, is there any way the court would consider a lump sum payment to square things up?
    Is my ex allowed to forgive arrears?

    Thanks for your time.

  2. #2
    Join Date
    Jul 2006

    Default Re: Arrears Forgiveness in Indiana

    Q: Is my ex allowed to forgive arrears?

    A: No. The taxpayers want their money back, the money that was spent on your child.

  3. #3
    Join Date
    Sep 2007

    Default Re: Arrears Forgiveness in Indiana

    I understand the taxpayers want their money back.
    Which in this case is $6400 I owe to the state.
    I can handle that.

    The big question is, is my ex allowed to forgive me the rest of the balance?
    She is not currently, nor have been for long time, recieving any aid from the state.

    Thank you for your reply, sir.

  4. #4
    Join Date
    Mar 2005

    Default Re: Arrears Forgiveness in Indiana

    Your ex should be able to forgive the balance owed to her - you've already been told that - but that won't stop a criminal prosecution for nonsupport.

  5. #5
    Join Date
    Sep 2007

    Default Re: Arrears Forgiveness in Indiana

    thanks for taking the time to reply, aaron.
    I know you have better things to do.

    I was under the impression, if I paid the state in a lump sum payment of all
    that I needed, and she forgave the rest, the matter would be settled.

    Are you saying that even if I did that, and had a balance of $0... I will still be charged with criminal prosecution for not paying on time when I should have?

    I just want to do the proper thing, but it`s confusing.

    thanks again for the help.

  6. #6
    Join Date
    Mar 2005

    Default Re: Arrears Forgiveness in Indiana

    Talk to your lawyer about whether the state would agree to a deal whereby, if you paid off the amount owed to the state and have the balance of the arrearage waived by your ex, charges will be dropped.

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