Hi again, in response to yours:
Thank you for your response. Unfortunately, everything you've told me I've already found by GOOGLE. --
(Not a lecture, just a request, so experts don't spend time providing legal answers on issues you feel you already have adequate answer to:) In the future, you may want to be more accurate when you answer the JustAnswer inquiry of:
Nothing; this is the first time I'm researching this... being proactive to reduce the chance of passport withholding. (This was your response, which I accepted as accurate.)
Had you been more telling, I'd not have spent 1/2 hour confirming with research, my understanding of the current states of the law in 2 states (normally, I'd have required you to post your question regarding state #2 in a separate post - you may not realize this but the states are entirely separate, with separate laws, separate codes, separate agencies, all of which then require separate sets of research and inquiry).
Also, your question was: Is there a child support arrears reduction/settlement program in Alabama and Kansas? Not, your new question of, "can you give me caselaw of successful instances in both states"...the latter of which likely exceeds the scope of your chosen level of transaction. But I know this is troublesome for you, so I am going do both inquiries in this case, particularly since I apparently misread your state of Kansas as KY, ouch.
Also, the states were Kansas and Alabama, not Kentucky and Alabama. My apologies. Ugh, I hate when my eyes are bleary from too much reading and drafting. Kansas it is.
I'm aware that it appears that obligors have to be unemployed or disabled to possibly qualify on a "case by case" basis, but that isn't a fact, so that doesn't answer my question. Your question concerned whether there were PROGRAMS in the 2 states, which I'd already answered for you. This commentary of mine on criteria that provides added ammo for a case by case favorable decision was ADDED information that you didn't ask about, but I thought may be helpful to your understanding. It also happens to be true that: "...it is generally used for those that are unable to pay from income, or will be shortly, such as due to disability, over 65, etc." You may want to double check your google sources.
In fact, obligors who are unemployed are not treated any different than employed obligors. Untrue. Sorry. Income levels, employment status, etc., are all criteria involved. (And of course, for success, we are not referring to the voluntarily unemployed, but the involuntary, by and large). Much of the time, it is the likelihood of repayment that can play a factor in the case by case handling of these - the less likely the states believes the arrears will be paid in full, the more likely it is willing to cut some losses.
Basically, I was asking if there is any case law or previous cases (just one successful case would do in each state) regarding obligors requesting and successfully negotiating and/or settling arrears debts for less than their total amount owed. (No, as noted, you were not asking that.....but enough said, I do understand that to be your new/changed question....Since I can't look up cases or case law as easy as a real lawyer, that's why I resorted to this website. Actually, yes you can, but it takes many hours to do such legal research. Pro se's can subscribe to Westlaw or Lexis Nexis - that is generally how they can successfully research. This is what lawyers do as well, when researching for clients.
Do you know of any case that falls into this category? I will look, but will take some time, since you are not researching a specific case, but looking for that needle. Please note that successful instances of case resolution via SETTLEMENT do NOT get appealed. And only appealed cases can be caselaw. So you may not have supportive case law.
I also felt like I was being lectured by you regarding my obligation of child support. Not at all! Sorry if the typed word appear that way. I very much sympathize. It frustrates me that decent people get into this jam, often because they didn't know that the moment they were laid off, they could have sought a temporary reduction in child support (sometimes even a termination/temporary), and these arrears would never have been created. But, they didn't know, perhaps didn't ask, and here they are, X years later. The courts don''t exactly make it easy for people to negotiate or have knowledge, and they don't teach us these life important facts in highschool (we're to busy reading Shakespeare, I suppose..don't even get me started :))
In my case, I was young and unemployed when most of the support accumulated. When I finally found employment, I paid my support without a problem, but the arrears had already accumulated and continue to compound interest. Yes, it is a terrible burden, I know.
My recent garnishment of my wages was at my request, not the courts to make paying my obligation easier.. rather than stroking a check each payday.I'd do the same - out of sight, out of mind, and much better for the mental aspect of it.
Could you please let me know if you can find any cases where the obligor has negotiated a settlement for a payment/payoff for child support...I will look, but please remember what I said above - only APPEALED cases can be published caselaw.....which makes it unlikely to find.
where the amount of arrears alone is paid, and the interest charges are forgiven would be an example. As noted, this does not appear to be a caselaw issue - I know that may not be clear to you. But I will see if I can locate any cases that perhaps discuss the issue in dicta, even if they don't actually involve same as issues on appeal.
Thanks. I'll be back to let you know if (and what) Ka and/or Al have caselaw on point.
Edited by AlexiaEsq. on 11/22/2010 at 5:02 PM EST