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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28366
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My son is Indiana and is unable to work due to health issues If

Customer Question

my son is Indiana and is unable to work due to health issues
If he moves to TN or SC can he be extridited for back child support? he pays what he can but is still behind.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Can you share with me the amount of arrears? Is the mother accepting the partial payments? How long ago did he stop working?
Customer: replied 2 years ago.
He hasn't been able to work since Oct-
2014 But could only do part time work at $9 an hour from Jan-2014. He is in areas $7,000. Court papers say nothing about partial
Expert:  FamilyAnswer replied 2 years ago.
Thank you for the additional information. When a situation like this happens, the first thing a party needs to do is inform the court and file a motion to modify and/or stay the payments of support, based upon the substantial change in circumstances. The burden is on the moving party, to show there has been a substantial change in circumstances, through no fault of their own and if is directly effecting their ability to pay. By doing this, the party can avoid being held in contempt of court and may be able to stop interest from accruing as well. The last thing someone wants to do is sit idle, not inform the court. The fact that he is trying to make partial payments, also shows a good faith effort to comply. All these things should likely prevent the Judge from placing him in jail for failing to pay support and if he can show he is trying to get a job but health issues are preventing it but he does work part time, the court may understand. This does not mean he would not have to pay just avoids escalating problems. Now, if he just left the State, the mother could take him to court, seek to hold him in contempt and enforce the child support order and he still could be tracked down. Not only could they try and go after his pay through garnishment but if a warrant was issued, he could be taken into custody and extradited.
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Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!