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 TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11779
Experience:  JD, MBA
9373668
Type Your Family Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Dear Attorney, I have not worked five years. With the help

Customer Question

Dear Attorney,
I have not worked for nearly five years. With the help of family I pay $30.00 per week in child support as set by the court. However, the amount of $125.00 that was assessed from my last salary continues to put me in arrears. The last family judge at court refused to reduce the amount I am required to pay. I now owe $23,000 in arrears. Is there anyway I can get my required payment of $125.00 reduced? and is it possible to reduce my arrears since I did not work for the last five years?
Submitted: 10 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If you have already tried to get the amount reduced, but couldn't, then I'm sorry to say that it seems unlikely that the judge will change his mind. Perhaps the judge thought that you are purposely underemployed (i.e., making less than you should be making). If that's what the judge thought, then he can award child support based upon what he thinks you should be making rather than based on what are actually are making. Nonetheless, you can certainly file a petition to modify the child support and argue that you simply cannot earn more and that you are sinking more and more into debt. If you are more convincing, or if you have a different judge than before, then it's possible that the order will be modified.

As for the arrears, there is nothing that you can do about that. Regardless of the fact that you hadn't been working, your children still needed to be supported, and so the other parent had to take on the support of two parents. The arrears is a legitimate debt owed to the other parent.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.