How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience:  Attorney experienced in all aspects of family law
11182422
Type Your Family Law Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

A question regarding Child Support I owe. The order is in Trinity

Resolved Question:

A question regarding Child Support I owe. The order is in Trinity County California.
I am currently on SSD and have been since 2004. They are aware and have been sent copies of my SSD approval and benefits. I became in the arrears while waiting almost 4 years for SSD approval. The initial arrears amount was approx $30,000. It is now over $60,000. They have/are adding Interest to the arrears. The mthly interest is more than I pay so the arrears keep growing. I have agreed to a witholding of $50.00 per month from my SSD checks. They have been witholding since 2008 when I was finally approved and started collecting benefits. On top of this they have levied my bank account twice. Once they cleaned it out and the bank charged me overdraft fees and legal fees above what they took. They tried again a few months ago but there was not enough to cover their requested levy. The bank still charged me $100 for legal fees.
At this point I am afraid to deposit my check. What can I do? Please help...
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

do you contest that you owe any portion of the arrears?

Customer: replied 4 years ago.

It seems a little ridiculous that they would keep charging me monthly and adding interest knowing that I was pending SSD and had no income and couldnt pay, and to continue adding interest knowing that i cant even pay the full monthly amount due much less the interest. If what they are doing is unjust then yes... otherwise no.. I guess I cant contest it.

Also this is all arrears. There is no active support order and hasnt been for 4 years. The children are now 21 and 24.

Expert:  Brandon M. replied 4 years ago.

If the other parent is willing to waive the arrears, it can be done.

 

And yes, it is ridiculous.

 

However, arrears are ordinarily impossible to otherwise discharge, even in bankruptcy. You can obstruct collection by putting your money in someone else's name (this is usually not a great idea), keeping it outside the U.S., or keeping your assets liquid and unattached to your social security number, but the right to garnish will remain in effect.

 

I realize that this is probably not be what you had wanted to hear, but I do hope that you understand my philosophy that I cannot help people unless I tell them the truth, regardless of whether it is "good" news or "bad" news. Let me know if I may be of further assistance. Thank you.

Customer: replied 4 years ago.

Thank you for your honesty. I do appreciate that.

Under the current conditions I will never... in my life.... get this off my back. At $50 per month and interest being added that exceeds that amount.... I could potentially owe 100's of thousands of dollars when I die...

If I were to live to 80, I'm 58 now...22 years at $600 per year I will have paid $13,200 and owe more than I owe now.... Who makes these laws?

Would it be reasonable to try to make an offer to settle this with the recipient? Maybe offer $6000.00... thats 10 years up front.. Do you think the court would agree to close the case?

Expert:  Brandon M. replied 4 years ago.

Hello again:

 

did the other parent receive public assistance during the period that child support was not being paid in full? (e.g. welfare).

Customer: replied 4 years ago.
No
Expert:  Brandon M. replied 4 years ago.

Sorry for the delay.

 

As long as the other parent did not receive public assistance, the other parent has the power to negotiate the discharge of the debt. Settlement offers are very reasonable and are not unusual. The court would be glad to sign off on a settlement.

 

As for who makes these laws, they are legislatively enacted. Politicians pass the laws, then go back to their district to boast about how tough they are on "deadbeat dads". Of course, there are lots more innocent casualties as a result, but they don't advertise that.

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience: Attorney experienced in all aspects of family law
Brandon M. and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you Mr. Mayer

You have been very helpfull. I have been bothered by this for a long time and now I know the answers and what I can do.

Sam

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney