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  1. #1
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    Dec 2009
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    Default What Happens to Arrears if Judge Cancels Child Support for Non-Custodial Parent

    My question involves child support in the State of: CA

    Hi, I'm new to this site and interested in finding out what happens with the child support arrears I owe now that the judge has ordered that I no longer have to pay child support since I am permanently disabled and unable to work??

    I became ill with CFIDS in 9/06 and received CA SDI for 1 year then switched to a LTD policy my ex-employer had that ran out 12/08, during this time I payed monthly CS out of my disability checks that I was receiving. Since 12/08 I have had no income and the judge finally ordered that I no longer pay child support due to my disability in 11/09. However the prior CS order stayed in effect till 11/09 causing there to be approx $6100 in arrears.

    So what happens with the arrears that I am unable to pay also since I can't work?? Does the interest accumulation continue even though I can't work to pay it off?? Do I have to file bankruptcy against it?? Any information would be greatly appreciated...
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  2. #2
    Join Date
    Jul 2006
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    Florida
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    2,772

    Default Re: What Happens to Arrears if Judge Cancels Child Support for Non-Custodial Parent

    Quote Quoting Austin97
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    My question involves child support in the State of: CA

    Hi, I'm new to this site and interested in finding out what happens with the child support arrears I owe now that the judge has ordered that I no longer have to pay child support since I am permanently disabled and unable to work??

    I became ill with CFIDS in 9/06 and received CA SDI for 1 year then switched to a LTD policy my ex-employer had that ran out 12/08, during this time I payed monthly CS out of my disability checks that I was receiving. Since 12/08 I have had no income and the judge finally ordered that I no longer pay child support due to my disability in 11/09. However the prior CS order stayed in effect till 11/09 causing there to be approx $6100 in arrears.

    So what happens with the arrears that I am unable to pay also since I can't work?? Does the interest accumulation continue even though I can't work to pay it off?? Do I have to file bankruptcy against it?? Any information would be greatly appreciated...
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    I believe that CA has some kind of a program regarding CS arrears. I don't remember what it is called though.

    The best thing to do will be to get a quick consult with a local attorney who should be able to tell you about the state program.

  3. #3
    Join Date
    Jul 2007
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    Florida
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    Default Re: What Happens to Arrears if Judge Cancels Child Support for Non-Custodial Parent

    It may be difficult to get the arrearage discharged if your disability did not extend back to that time. The court's position will be that you owed it at the time and should have paid it then, and any subsequent circumstances only affect the time after those circumstances arose.

  4. #4
    Join Date
    Dec 2009
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    Default Re: What Happens to Arrears if Judge Cancels Child Support for Non-Custodial Parent

    Quote Quoting Xena
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    I believe that CA has some kind of a program regarding CS arrears. I don't remember what it is called though.

    The best thing to do will be to get a quick consult with a local attorney who should be able to tell you about the state program.
    Ok, I'll look into it with the County Family Law Facilitator to see if the state has some type of program to help with this.

    Quote Quoting Bubba Jimmy
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    It may be difficult to get the arrearage discharged if your disability did not extend back to that time. The court's position will be that you owed it at the time and should have paid it then, and any subsequent circumstances only affect the time after those circumstances arose.
    I didn't think that I would be able to discharge it in a bankruptcy but wasn't sure and your argument makes sense. The bad part is that I have been disabled and unable to work since 9/06 but was receiving disability so I was able to pay CS. Since the disability insurance ran out 12/08 I have had no income and that is what prompted the CS agency to finally drop the case. I wish there was a way to show that the disability extended back to the beginning of my getting sick. The Drs were reluctant, rightly so, at first to declare me "permanently" disabled, since they and I were hoping to find a way to cure my disease and I would return to a normal life. But after 3 years and no improvement my Dr decided it was time to throw in the towel so to speak. I'm really not concerned about getting the arrears amount to go away as much as I am about the interest continuing to add up. Any thoughts on how to stop the accrual of interest?? Thanks..

  5. #5
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    3,645

    Default Re: What Happens to Arrears if Judge Cancels Child Support for Non-Custodial Parent

    The only 2 programs that CSSD have that deal with arrearages, it doesn't appear that the OP qualifies for.

    As for what happens to the arrears, you still owe them and they can still go after you for them unless the other party waives the arrears.

    Oh, and yes, interest continues to accrue and no, you can't file bankruptcy on it... ever.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  6. #6
    Join Date
    Dec 2009
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    7

    Default Re: What Happens to Arrears if Judge Cancels Child Support for Non-Custodial Parent

    Do you mean that your SS disability benefit went out? If you are still disabled, you should be able to continue the benefit, and your children will receive their benefit too. Usually their benefit will cover your CS payment.

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