Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when
I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the arrears. How can I have the arrears forgiven or reduced so that I can make a living. I have had a good relationship with my daughter and her mother for the last 20 years and both of them would definitely agree to the forgiveness for my arrears but due to my incarceration my child's mother applied for government assistance making me owe the government I ASSUME, so can I hire a lawyer to help me get forgiveness or help me negotiate a reasonable monthly payment? PLEASE DIRECT ME IN THE RIGHT DIRECTION, I AM 51 WITH A FAMILY OF MY OWN AND THE DAUGHTER WHO IM SPEAKING OF AS JUST HAD MY FIRST GRANDCHILD WHICH MEANS ILL BE HELPING HER AS WELL, PLEASE REPLY
A: Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can go to court and attempt to set a court ordered payment on the arrearage that will allow you to work and pay this off, that is what you need to do. COntact an attorney in your area who has experience in this. Remember, the fact that you were in prison, etc etc. does not matter. The court does have the authority to set an arrearage payment. There is no guarantee that the Court will do that, but the Court can set a monthly amount, and that's your goal. Good luck.
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