First post ,I see some of you look to be getting some help so I thought I would ask a question that no lawyer that I have talked to yet can answer . I have been out of work for 7 yrs do to a disability all along racking up arrears I had a few meadeations administrative hearings and administrative court orders to pay more and more even though I was on state food stamps and living with parents till there divorce . Can I ever get the state off my back for arrears the women I have the child with is on state wll fare so the case can't be satisfied and she would not satisfy 1 dime my parents tried to settle with her long ago when I was having surgery not a chance . Thanks for any hel and a little hope in this matter . Sappy

I see some people have looked and no response I guess I stumped even the people that may have opinions on this subject . Lol

I would say first of all, are you on ssi or ssdi? You say you have had a disability for 7 yrs but don't clarify if you are receiving benefits. Second, what did the judge say in the other hearings? If they did nothing about your child support then I would assume that meant they found you capable of working and making a wage. Third, it doesn't mater at all that you live with your parents regarding calculation of child support. If anything it works against you because I would think the judge sees that as you not having any household bills to pay so more disposable income. And lastly pleaseclarify how you are receiving foodstamps being a single man living with your parents?

I would like to add there is nothing you can do about child suppot arrears unless you applied for and was approved for ssi not ssdi and you were approved for those months you were in arrears then you can ask the court to remove it.

As stated above, the factor here are whether you are on SSI or SSDI. With SSI, your income cannot be attached, and you should have requested a modification to zero out the amount owed.

With SSDI, she receives a Child Benefit Check that is not deducted from your check. Your support could have been modified to equal this amount. I'm on SSDI.

Depending on state law, according to Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement, you may have the option to request a retroactive reduction in your arrears because that you have cause. At the minimum, you can request any interest penalties be set aside.

I will say he could request a reduction but that is doubtful to me that he would get it. It would depend on your states laws. If he has already ben through several hearings and they have not reduced his child support then it is unlikely that they will reduce his arrears that are accumulating because of that amount they found him able to pay, not being paid. He could request modification of child support if there has been a change in circumstance since his last hearing to ask to reduce the monthly suport amount, but unless he is on ssi or gets approved for ssi, my bet is he will have to pay the arrears.

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Originally Posted by adb02

I will say he could request a reduction but that is doubtful to me that he would get it. It would depend on your states laws.

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Reductions/Retroactive modifications are forbidden by the Federal law.
According to the "Bradley amendment" if a state' law allows RM this state will lose some federal subsidies.