If your back support is based on an Invalid Judgment (e.g., you were never properly served with Court papers) your back child support can be wiped-out if the Judgment is “set-aside.” In one of our LA cases, where the parent was “served” at the wrong address, we were able to wipe-out more than $27,000 of arrears. Remember — the State of California accepts MasterCard and Visa. Just like the high interest rate being charged by the State of California, the longer you wait the more your problems will become compounded. You will need to present the judge with proof of your income for the years you want the Court to reconsider your child support obligation. These are all off-hand references that everyone understands, but what is the legal definition? It's irrelevant to this issue that you used a paralegal. I just saw this update. Back child support, or child support arrears, can build up if a parent encounters some kind of financial hardship. I am using forms from district court for pro se. What to state on dismissing unadjudicated arrearages based on lack of jurisdiction and no proof that I owe custodial arrears? This resulted in a $21,000 credit to Dad. Robert Ackermann is a Los Angeles based Fathers Rights attorney experienced in dealing with countless DCSS arrears matters. Just for starters, the credit card company does not have the power to either — suspend your driver’s license, revoke your passport, intercept your tax refund or even threaten you with jail for contempt if are suddenly unable to make payments. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Although this may seem obvious, the biggest reason behind many arrears problems is that the current Court Order is incorrect. In some situations, it might make sense to finally get rid of your arrears by putting your balance onto a Credit Card. These cases can turn into lifetime problems. However, if any of the arrears are for welfare reimbursement, it is not so easy to have those waived. Child Support Terms How to Get Child Support Arrears Dismissed 1. The child support order is from the Nevada divorce decree. Follow these steps when going through the process to protect yourself and your child. Typically, a motion for contempt needs to be filed in the court that issued the support order and once the contempt order is issued, the child support services agency can seek recourse against non-paying parents and so-called deadbeat dads. Performance & security by Cloudflare, Please complete the security check to access. If you are unable to resolve your arrears, you will one day find yourself subject to having Social Security garnish up to 60% of your monthly benefits. File a Motion to Establish Your Child Support. The parent can apply for this program if the child is still a minor and is now living with the parent. Over 2 Decades of Solid Family Law Experience, Proven Child Support Strategies that Work, Experienced in Handling Problems directly with DCSS. Even if there is no basis for reducing back child support, we can petition the Court to set-up a payment plan, so that you will have sufficient funds to support your current household. Does back child support belong to the Mom or to the kids? • You should use experienced counsel to handle your case, as you may only have a single shot at resolving it. Other states don't require it. Are you being sued in a Nevada court or not? After I do all the papers, can I have an attorney to review it? His been living there for almost 13 years. Recently, the judge ruled that the arrears shall remain unadjudicated. The Family Reunification Program is for parents who owe arrears because aid was paid while the child was in foster care or living with a guardian. The only way interest is treated differently is that “new interest” on child support arrears is only charged against existing principal and not against “existing interest.” This is actually a very significant advantage because over the long-haul, this represents a very large savings on what your arrears obligation would otherwise be. There are a lot of different ways that people refer to back child support in California, such as — arrears, back support, back pay, etc. Another way to prevent getting this page in the future is to use Privacy Pass. My question involves child support in the State of: Nevada I need help on filing for Motion to dismiss arrears. The arrears is not adjudicated. When I obtained the divorce in Nevada, the child and the mother resides in the foreign country. Any waiver will require a formal signed agreement with the other parent and will also require Court approval; therefore you should not try to do this out-of-court as it will not be enforceable. The parent’s net income must be less than 250% of the federal poverty level. JDF 1426 R7-13 INSTRUCTIONS TO FILE A MOTION TO TERMINATE CHILD SUPPORT Page 3 of 3 because the Court must have knowledge that all parties involved are aware of the motion prior to any Court action being taken. Order Terminating Child Support . I obtained divorce using paralegal in Nevada without a lawyer to review it. Child support arrears between 1975 and 2006, according to the federal Office of Child Support Enforcement, reached $105.4 billion. By Your Neighbor in forum Child Custody, Support and Visitation, By mommeee in forum Child Custody, Support and Visitation, By jpursley in forum Child Custody, Support and Visitation, By maestromjd in forum Moving Violations, Parking and Traffic Tickets, Filing a Motion to Dismiss Child Support Arrears, Using a Laches Defense to Child Support Arrears, Contempt Motion, Filing Motion to Dismiss vs Motion for Summary Judgement, If this is your first visit please consider. In one case, we were able to excuse 3 years of back support because we showed that the child was actually living with Dad during that time. Even besides the issue of interest, it’s far better to owe Visa or MasterCard than it is to owe the State of California. Motion to Dismiss Invalid Court Judgment. In this case, he will probably try to show that his income has dropped. Idk the laws on that in Nevada, but in some states the attorney will have to notify the court that they were involved in drafting the motion even if you file it pro se. I in front of a Notary Public. Child support arrears between 1975 and 2006, according to the federal Office of Child Support Enforcement, reached $105.4 billion. -Both parties sign the (Joint) Motion . c. -Fill out the . The child lives in the foreign country. I am filing a motion to dismiss arrearages for lack of jurisdiction and no proof I owed the amount to the custodial. Child support is a legal obligation paid to the custodial parent for the care and feeding of minor children (and, in some cases, children 18 and older). use the same Case Number. ink or type it. Is there a child support order in any state or territory of the US or a foreign country? And they may or may not have to notify the court that they are involved, which you would have to pay for their time to do the notification if they are required to do it as well as any time they spend reviewing/revising your motion. It can’t be overstated that you need to take immediate action to handle your back child support problems. By Your Neighbor in forum Child Custody, Support and Visitation, By mommeee in forum Child Custody, Support and Visitation, By jpursley in forum Child Custody, Support and Visitation, By maestromjd in forum Moving Violations, Parking and Traffic Tickets, Filing a Motion to Dismiss Child Support Arrears, Using a Laches Defense to Child Support Arrears, Contempt Motion, Filing Motion to Dismiss vs Motion for Summary Judgement, If this is your first visit please consider. California Child Support - Back Child Support (Arrears). Under California law, interest on back child support is considered to be part of the arrears.