Monday, September 1, 2014

I owe 15k in child support. I've made 3 payments in the last 2 years. I'm being charged with contemt. I can't afford child support and rent....

Question

I owe 15k in child support. I've made 3 payments in the last 2 years. I'm being charged with contemt. I can't afford child support and rent. I don't wanna be homeless or go to jail. What can I do?



Answer

If you have lost your job or your income has dropped, you should have applied for a modification of the support when that happened. The order reducing support can only be retroactive to the date you file and serve it, so do it NOW if you have had an income drop. Then file a motion for determination of arrearages. If you have a good excuse for not paying, courts will often waive some or all of the interest and even some principal, and will always make a payment plan. Don't expect it to be easy. You can expect to be broke but able to pay your minimum obligations and expenses, until you pay it off.



Answer

I think Mr. McCormick missed the part where you are being charged with contempt. Because contempt proceedings have been considered criminal in nature, you have the right to ask the court to appoint the public defender to represent you. I highly recommend it.



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