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Obligor Related Legal Questions

An obligor is an individual who is legally obliged to make a payment or provide a benefit to another person. There are many different kinds of obligors and different laws that pertain to each of them. Listed below are a few questions they have answered by Experts on obligor-related issues.

If child support has been increased based on an obligor parent’s prior tax returns and if he/she loses his/her job, can child support payments be postponed till a new job is found?

Whenever there is a major change in a situation that can affect child support payments, the obligor can appeal to the court to adjust the payments. If there is difficulty in making payments owing to hardship, the obligor may be at an advantage when presenting the case but only a court can change the child support order.

Usually, a court may not suspend total payment but it can reduce the amount being paid temporarily and then call for a status hearing in about 60-90 days to make sure that the obligor is at least making an attempt to find a job.

It is almost impossible for a court to postpone or completely do away with the payments but if no motion is filed with the court, the current payments will accumulate and arrears will start building. Therefore, it is best for the obligor to file a motion straight away to help his/her case.

An obligor has to pay $120 in child support every week. He was released from jail some time ago but hasn’t made any payments. His arrears now amount to approximately $6000. What is the legal way to fight this?

Considering the fact that the obligor has gone to jail, there is possibly a Child Support Enforcement (CSE) action already pending against him. If the obligor is now working, the CSE could garnish his checks or even intercept his tax refund. If he refuses to work, he could go straight back to jail.

In this situation, the obligee may want let the CSE case remain open and the arrears accrue. If the obligor starts earning again, the obligee might have a very strong case against the obligor.

If an obligor chooses to remain unemployed or underemployed and lives with his fiancée who enables this, can he get his alimony and child support reduced?

In most cases, if the obligor is unemployed or underemployed by his own free will, the court will not relieve him of his obligations to pay alimony and child support

I am the father (and obligor) who is required to pay child support. I have not made the payments and I am being sued by my ex to get the remaining child support due to her along with some other payments. I have been living below the poverty line for the last 10-14 years while my ex hails from a wealthy family. Is there any way I can get out of paying the remaining child support that is due?

As an obligor, if you do not have the money to pay child support, you may be able to move for a modification, based on both your incomes, in the court that ordered you to make the payments. However, courts are usually not very receptive to issues like withholding child support payments and the decision, in most cases, is left entirely up to the judge.

Since obligors are bound by legal obligations, there can be serious consequences when they default on payments. That is why it is important to know what your rights are and what is expected of you as an obligor.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

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.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Obligor Questions

  • I was divorced in 1981. The divorce agreement does NOT state

    I was divorced in 1981. The divorce agreement does NOT state the circumstances under which alimony would cease. Over the years I negotiated the alimony amount down to $200/month. I had in early 1993 a verbal agreement with my ex wife to cease paying alimony. Several months later she kicked her boyfriend out and demanded full alimony. We went to court over this issue and the judge ruled that since she she had not protested the $200 sum for several years, that was what she was to accept. She has been living with her boyfriend for over 30 years. I was only married to her for 20. Is there any way to have alimony cease?
  • To: Soocrateaser: The court/judge has ordered my ex pay

    To: Soocrateaser:
    The court/judge has ordered my ex pay me spousal support, and that the payments be made the first of the month. However, my ex has decided to pay whenever she wants to.
    Also, she may drop off the payment in my mailbox. Moreover, she stated that she can't pay on the first of the month and will pay on the fifthtenth of the month. However, she may drop the check off the 20th, 22nd or whenever.
    How can I get the payment ot the date in the court order/decision?
    How can I get the payment without her or her relatives or employee dropping them off at my mailbox.
    Would it be too much trouble to have the payments come directly through the court, and would that enable me to receive the payment on a regular date or within a day or two of a regular date?
    If going through the court would be better for me, Would I need an attorney to get the process started?
    Oh! How can I get my ex to pay missed payments
    Thanks much.
    Cordially,
    Joe
  • The department of social services in NC takes money from my

    The department of social services in NC takes money from my son's paycheck for child support. The child has now reached the age of 18. DSS continues to take out the payment and he can get no one to return his phone calls from DSS in Halifax County, NC. He lives in CO. He has also taken a job that cut his pay in half, yet DSS continues to take out the amount he made from the higher paying job as well. He also has 2 children with him. He is about to lose his apartment for lack of money from the child support in NC. The government has also tagged is tax return for the year 2014. What can he do.
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