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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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A question regarding Child Support I owe. The order is in Trinity

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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...

Hello there:


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

Customer: replied 7 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.

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 7 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?

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 7 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. and other Family Law Specialists are ready to help you
Customer: replied 7 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.


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