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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I am seeking information about getting child support arrears

Customer Question

I am seeking information about getting child support arrears forgiven or a portion of it forgiven, as I have been in jail for 48 months and the month i left my child support was current with on arrears. During my incarceration the debt has added up to over 14, 000. I was released April 2016 and have paid my first child support payment since my release. This debt is overwhelming and I do not know if there is a way in Georgia to get help on these arears
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no not yet just researching now
JA: Is there anything else the Family Lawyer should be aware of?
Customer: I am married with 4 other children
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  originallawyer replied 5 months ago.
Good afternoon: Unfortunately, the only person who is capable of changing your arrears is the person you owe child support too. Being incarcerated is not a reason the state will accept for reducing your back owed child support. It might have been possible to have your support payments reduced or paused while you were incarcerated, but now that you are out, your best option is to a) keep making current payments, plus some extra, to avoid being prosecuted for lack of payment b) file a modification if you are making less than you were before you were incarcerated c) if you're on speaking terms with your ex, ask if they will agree to waive the support for the time you were incarcerated. Note that if they received any benefits from the state during that time (food help, medical help, etc), she may not be able to waive all of it, because some of that money from your child support belongs to the state.
Customer: replied 5 months ago.
My wife told them I was incarcerated and need to get the payment amended but they would not talk to her or assist me.
Customer: replied 5 months ago.
Is there any other information you can help me with regarding this matter?
Customer: replied 5 months ago.
In Michigan there is a form called Form FOC 109 that can be used to help get arrears reduced or dismissed. Are you saying just not in Georgia that is is not possible?

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