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raerae344 · Sep 20, 2011, 10:27 AM

I owe arrears for Child Support in three different states. I have three different amounts that I pay for each state and I am currently 100% disabled. I'm a military veteran and am currently paying child support but I owe substantial amounts of arrears do to Physical and Mental disabilities acquired during my service in the US army for 17 years. What help if any can I receive in getting the back pay reduced due to lack of work history, physical disability, mental disability, and time spent in mental institutions. I just want help... In getting a better arrears owed rate and time to pay?

tickle · Sep 20, 2011, 11:01 AM

You have to put your predicament in front of the courts. They decide, if anything can be don about your arrears.

Tick

Fr_Chuck · Sep 20, 2011, 11:11 AM

Is this three separate children in three states ?

If it is the same child and that child merely has moved around, the cases should all be merged into the current jurisdiction.

raerae344 · Sep 20, 2011, 11:15 AM

3 children three different states... and thank you for responding... both of you!

cdad · Sep 20, 2011, 12:35 PM

If the money is owed to the state then you may be able to bargin it down. But if it is owed to individuals then your stuck paying it. Some states also charge interest too. Are you receiving SSD at this time? Are your children receiving benefit from it?

raerae344 · Sep 20, 2011, 01:12 PM

Current 100% disabled Veteran receiving benefits. I have substantial arrears in child support, for three minor children in three different states. States are TX, TN, and NC. Amounts per month are TX-$250, TN-$300, NC-$636. I have started receiving disability benefits through The Department of Veteran Affairs and Social Security Disability Insurance. With my current living situation (Bills) I pay as follows... TX Child support is paid through SSDI direct Garnishment of $250.00, TN Child Support I pay Directly to TN Child Support $300, NC Child Support I pay directly $500 a month. TN and TX children also receive an additional payment of $109.00 per month through SSDI. I need help in getting SSDI initial lump sum subtracted from each child support case (arrears owed)and all three cases modified to show accurate amount of arrears owed due to payments received, and time I was either out of work, pending disability rating, and/or under the care of a physician(in the hospital). I have been rated 100% Disability and am unemployable. First VA Disability rating of 10% in 1995 and current VA Disability rating of 100% as of 2009, also SSDI rating starting in 2009. I need my arrears rate adjusted to show accurate amount owed and also to have my monthly payments adjusted because my current support does not reflect that I have multiple children that I care for. I suffer with mental disorders and physical impairment and I just need some help in this matter for adjustment purposes and to make sure that I can take care of my children and not go to jail.

tickle · Sep 20, 2011, 02:04 PM

Originally Posted by raerae344

also SSDI rating starting in 2009. I need my arrears rate adjusted to show accurate amount owed and also to have my monthly payments adjusted because my current support does not reflect that I have multiple children that I care for. I suffer with mental disorders and physical impairment and I just need some help in this matter for adjustment purposes and to make sure that I can take care of my children and not go to jail.

You have already been given answers, raerae; you have to go through the state and the court to get your payments adjusted. What do you not understand about this arrangement ?
Tick

raerae344 · Sep 20, 2011, 02:10 PM

Thank you "Tickle"... but what if you have already sent in the proper documents and have not received an answer... from the case worker and/or it is not showing up on monthly statements.

twinkiedooter · Sep 20, 2011, 02:21 PM

You may have to retain an attorney to help you untangle this mess. A hearing will have to be held in each of the different states to have the presiding judges legally reduce your child support obligations. Until that is done, you will not be seeing any relief through the child support agencies unless there is a signed reduction order in their hands.

tickle · Sep 20, 2011, 02:26 PM

Originally Posted by raerae344

thank you "Tickle"..... but what if you have already sent in the proper documents and have not received an answer... from the case worker and/or it is not showing up on monthly statements.

Raerae you didn't say you had done all of this in your original post and I apologize that was lost in the translations, but you still have to keep at it, or keep posted here to see what answers come out of this. We are all volunteers here.

Tick

cdad · Sep 20, 2011, 03:21 PM

Have you called them and asked or opened a case so they can file for you? Also did you add your children to the SSD ?

ScottGem · Sep 20, 2011, 03:44 PM

Generally a case worker cannot alter a court award. You have to file with each court that has jurisdiction for a modification of each support order. As a vet you should be able to find free or low cost legal help to assist in these filings.

kcomissiong · Sep 21, 2011, 07:05 AM

Why did you not petition for a modification as soon as you became disabled? What you are asking is that someone else clean up a mess that you have let get sloppier year after year, and a court isn't likely to look kindly on the fact that you have done nothing to help yourself until now. As soon as your income changed, you needed to petition for a modification of the amount of support that you owe, which would have dramatically affected your arrears situation. Additionally, if you reported your current support orders to the state where the other orders were established, they would take them into consideration. As the other have said, all you can do now is to petition for a modification that reflects your current income, and ask the state to forgive any arrears that are owed to them.

Am I reading correctly that you are NOT paying the full amount of the NC support order? Are you not able to? There is something you can do about that NOW, which is file for a modification based on income and other support orders that you are paying. The arrears may be forgiven, or they may hang around collecting interest for years, there is no guarantee there, but you can do something about your support going forward. I don't think that a judge or the state will looking very kindly on you asking them for help when you haven't done everything possible to help yourself. Start with the child support enforcement departments for the states you have support orders in or the family court clerks. They can give you information to petition for a modification of your current support. Legal aid may be able to help you with dealing with the arrears.

raerae344 · Sep 21, 2011, 07:33 AM

Report answer | Wed, 21 Sep 2011 07:05 am
kcomissiong

Thank you very much, and you are right. I have petitioned the courts for mods, but I should've been on top of this much sooner. But I do appreciate the response.