Child Support Questions

[ramblingonwards]

Where to begin...First, I'm glad I found this place. I don't have the greatest job in the world, so purchasing legal advice is completely out of the question for me; but I really, really need to help. So this place is a god-send.

I have a 7 year old daughter, shes my little princess. I see her as often as I can; she lives with the mother's parents, and they've always been willing to let me see her when ever I want (just about). Last year my previous job closed it's doors and I found myself unemployed for about 6 months or so. During that time, I did what I could to keep from falling behind on my child support. However, the part time work that I had managed to find was just enough to make a meger payement towards my arrears and keep a roof over my head at the same time. Long story short, I fell behind a substantial amount.

Now I've got a full time job again, but making new monthly payements in combination with old arrears is nearly impossible. So its like I'm not getting anywhere. Currently I make about $1,000 a month, and my obligation is $316 a month. I owe about $2000 now. At this rate, I'll be in jail, unemployed again, and quite possibly never get out because I dont know anyone who can both pay my support for me and make up my arrears while I'm locked up. What can I do?

 

[Proserpina]

You can try to file in court to modify the current support based upon the reduction in income.

Call the courthouse and the clerk will tell you which forms you need; then it's simply a case of filling them out and filing with the court. Be aware though that you might not get a downward modification.

Do you owe the arrears to the State, or to your daughter's custodian?

(Why is your daughter living with the grandparents? Do you actually have any form of custody? Where is Mom?)

 

[ramblingonwards]

My child support was set at the current amount when I had a way better job. I was making about $1,600 a month at the time. I'll look into the paper work and filing it and everything. However, if I show up to court; whats to stop them from throwing me in jail right then and there? Thats what I'm most afraid of, if I go there, I'm staying until my daughter is 18. I owe the arrears to my daughter's grandma.

When my daughter was two, her mother and I where going through a rough spot. My daughter's mother suggested that the stress of trying to make a new marriage work while also trying to be parents was too much, and that if we signed over custody to her mom we could work things out and get my daughter back in a few months. So, trusting her, I went along with the idea. Shortly after I was unable to withdraw the paper work I had signed, my daughter's mother left me, and left my daughter with her grandmother. I don't have any form of custody, and neither does my daughters mother.

 

[Proserpina]

Please don't worry so much.

Unless your daughter's grandma has actually been filing for contempt for nonpayment, nothing is going to happen when you get to the court house. Even if you're eventually jailed - and please believe me when I say that's the absolute last resort and you'll usually be given more than a few chances before that happens - it will not be for long and you'll generally be given a chance to pay a "purge" amount to get out of jail.

I do feel that you're completely overthinking the jail aspect

Are you ok with grandma having custody?

Was custody and child support actually done through the courts, btw?

 

[ramblingonwards]

It wasn't done through the courts, it was done at the desk of the case worker...it was voluntary if thats what your asking.

I agree with you, maybe I am over thinking this jail time thing. Thank you for calming me down a little

I would love to have custody of my daughter, every time I have to drop her off my heart breaks a little more. I would love to have her sleep over for just a night infact, I haven't had her over night since my ex-wife and I had custody; it really sucks. You dont realize how much just having your child under your roof means to you until its gone....if I could go back, I would have slapped myself senseless. If there where a way for me to be able to afford an attorney to fight for custody, I would be all over it...just right now, I'm doing all I can to play catch up. Maybe when I get a better job that will be an option