Q: Should I file a motion to dismiss child support arrears leading to jail threat in NC?
I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the court is now threatening jail time of 3-6 years due to arrears. My ex refuses to negotiate, and although I've been paying regularly for over 2.5 years, I face potential jail. The judge did not review my medical documents in court. Should I file a motion for dismissal? Any assistance would be greatly appreciated.
A: Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you should be able to request court appointed counsel. You can also hire local counsel to get ahead of it.
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