Q: My fiance was recently incarcerated and the back child support is adding up quickly. What are the next steps?
A: If he wishes to reduce or eliminate child support he will have to file a petition seeking that relief with the court that ordered him to pay or it will continue to run up as an arrearage. Given the fact that he is incarcerated a court could hold that he is not entitled to a reduction in child support because his loss of earnings can be argued to be of his own doing. Child support is based on earning capacity not actual earnings. Regardless to have any chance at all he will have to file a petition seeking relief with the court. Each payment becomes a judgment as it becomes due so no relief can be given from payments that were due in the past only payments moving forward.
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