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Small Payments Toward Child Support Arrears

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  • 01-26-2017, 07:18 AM
    rosieblanc
    Small Payments Toward Child Support Arrears
    My question involves a child custody case from the State of: Indiana (Marion County)
    Hi there,
    My ex huband havent paid my son's child support since September when we finalized our divorce. The court have told me that he owe me $1400 for the late payments. I call the prosecutors office yesterday and they said that he will pay $3.00 extra from what he is entitled to pay me for late payments. So besides pay me $67 every pay check he will now pay me $70.
    I am very disappointed because I am single mom trying to raise my son pretty much myself, he dont give any support and now the court will make installments of $3.00 only for him to pay the late payments? Is this correct? What kind of law is that?
    Also, I need some advise cause I believe he makes more money at this new job now. Does anyone track the changes when someone makes more money or it is something I need to go back to court and review it? Helpp.
  • 01-26-2017, 07:35 AM
    oldsmom
    Re: Behind on Child Support
    Not sure how Indiana works, but in my state you can only revisit income every few years. If you try to go after more support, and the window is less than the minimal years since the last order, you are not likely to make much headway.

    Support enforcement is only allowed to go after a limited amount of income from a noncustodial parent, and they try to work with that parent when they can. If he is paying, then be happy. He will eventually pay it off.
  • 01-26-2017, 07:56 AM
    llworking
    Re: Behind on Child Support
    Quote:

    Quoting oldsmom
    View Post
    Not sure how Indiana works, but in my state you can only revisit income every few years. If you try to go after more support, and the window is less than the minimal years since the last order, you are not likely to make much headway.

    That is not accurate for Indiana, and it may not be accurate for your state either. A material change in income allows for a modification of child support even in states where it normally can be revisited only every two or three years.

    Quote:

    Support enforcement is only allowed to go after a limited amount of income from a noncustodial parent, and they try to work with that parent when they can. If he is paying, then be happy. He will eventually pay it off.
    At 3.00 a pay period it may never get paid off. $1400.00 at 3.00 a month would take 467 months to pay off, or 38.89 years. However, you are correct that there are limits as to how much of a person's income can be taken for child support.
  • 01-26-2017, 07:58 AM
    readytoleave
    Re: Behind on Child Support
    Even though you should be able to, child support cannot be relied on. You really need to come up with a plan to raise your child without any assistance from the non custodial parent. Especially since he is already not paying.
  • 01-26-2017, 11:11 AM
    oldsmom
    Re: Behind on Child Support
    Quote:

    Quoting llworking
    View Post
    That is not accurate for Indiana, and it may not be accurate for your state either. A material change in income allows for a modification of child support even in states where it normally can be revisited only every two or three years.



    At 3.00 a pay period it may never get paid off. $1400.00 at 3.00 a month would take 467 months to pay off, or 38.89 years. However, you are correct that there are limits as to how much of a person's income can be taken for child support.

    You are somewhat correct for my state. A significant change in income MAY allow for a support change, but even then, they require 2 years unless the petitioner can prove that the original income numbers were falsified. If it's a change of more than 25%, then 2 years is allowed. Otherwise, the standard is re-evaluation every 3 years. Since I married my husband, we have been through seven modifications with his ex, and it would have been more if the biomom could find an excuse.

    Hadn't thought about the amount of time it would take - yeah $3 may not ever pay off. Good news is that past due child support follows a deadbeat parent even long after a child has grown up. So hopefully eventually, the debt will be paid.
  • 01-26-2017, 12:07 PM
    Mr. Knowitall
    Re: Behind on Child Support
    Once the regular support payments cease, the norm would be for support payments to continue in their full amount until the arrears are paid off -- that is, if this is for one child, once the child is no longer receiving new child support payments, the portion of the $70 payment going toward arrears will change from $3 to $70.
  • 01-27-2017, 10:15 AM
    qwaspolk69
    Re: Small Payments Toward Child Support Arrears
    Quote:

    Quoting rosieblanc
    View Post
    My question involves a child custody case from the State of: Indiana (Marion County)
    Hi there,
    My ex huband havent paid my son's child support since September when we finalized our divorce. The court have told me that he owe me $1400 for the late payments. I call the prosecutors office yesterday and they said that he will pay $3.00 extra from what he is entitled to pay me for late payments. So besides pay me $67 every pay check he will now pay me $70.
    I am very disappointed because I am single mom trying to raise my son pretty much myself, he dont give any support and now the court will make installments of $3.00 only for him to pay the late payments? Is this correct? What kind of law is that?
    Also, I need some advise cause I believe he makes more money at this new job now. Does anyone track the changes when someone makes more money or it is something I need to go back to court and review it? Helpp.

    Do you depend on child support? Because you shouldn't. You need to not budget around child support. If you get it, it's a bonus to add in. If not oh well. My ex is 12000 in arrears for four kids. With our daughter I've gotten maybe 375 in the last year and a half. That was only because the state took it from his check. Don't depend on it. Especially when the parent isn't very consistent with payment.
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