Atlanta, GA asked in Child Support and Family Law for Indiana

Q: Is it possible to end *back* child support payments if both parties agree?

I was married in Indiana in 1993, had a child in 1994, and divorced in 1996. My ex wife had sole custody until he turned 19. There was no child support order in place (that I know of) for this whole time, but once she became disabled and was forced to stay for quite some time in a nursing facility, they made her get medicaid through the state and apparently they started coming after me for back support from 1996 until he turned 19. I am still paying to this day.

Also, what % is Indiana allowed to take from my pay? They have been taking at least 25% of my social security disability benefits for at least 10 years now. My gross benefits are just over $800 per month and they are taking somewhere around $220 per month.

Thank you!

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1 Lawyer Answer
Paul Ylvisaker
Paul Ylvisaker

A: It is possible for the party receiving support payments to waive child support arrears. However, if the state provided cash benefits to the mother at any point during the child’s minority a waiver of child support by the mother will only be granted up to the amount owed less what the state is owed. The state will not waive money owed -in most instances cannot.

The fact that you are paying child support indicates a support order was put in place at some point.

The law does allow the state to take a portion of your social security to pay arrears.

You do have the ability to have the arrears payment adjusted based on your current financial circumstances. There are two ways to approach. You can hire your own attorney or you can request a modification to the order through the state child support services division of your state. The process is complex and long, but may be worth your time.

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