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Child Support Arrears Question

MikeJW99's picture

Hello, 

Wasn't sure where to ask this here. I am about 1 month away from my child support payments to end when my son graduates, already 18. Just to give some details, I currently pay $529/month. However I do have about 5500 in arrears that have been paying and extra $61 a month on. This is all drafted form my paycheck automatically.

My quesiton is when the $529 monthly payment is over, will they continue to take out that amount until the arrears are fully paid off? Or how do they determine how much will still be coming out of my paycheck now? I live in Arkansas. 

....BTW, I was paying my child support directly to my ex before she filed the court order, of course I can't prove that and hiring a lawyer just didn't seem worth the money for a "what-if" situation. I even got the court transcript where it quotes the judge agreeing to no child support since we were 50/50..but whatever now.

ESMOD's picture

I would contact the agency that is taking those payments.  They may end up continuing to take out what they have been until your arears.. someone here may have had this experience.. I think that generally there have been more issues with getting auto deductions stopped.. so it would be best to contact them directly.  I'm guessing the 61/month was to not overly tax your ability to pay your own bills.. now that the CS will be gone... they may figure you could maintain THAT level for a while until you pay the full amount.

 

Exjuliemccoy's picture

The answer varies from state to state. Here in CA, you have to file a petition to have c.s. stopped when the child ages out. You should google the laws where you live for more info.

Sometimes it comes down to strategy. My DH had two kids with BM1, who hadn't asked for an increase in over a decade when the eldest aged out. DH opted to let things ride, waiting to see if BM would would ask for an increase because his income had increased a lot in those years. She didn't, but knowing the amount he'd been playing for two was less than he could be ordered to pay for one, he let the order continue until the young skid turned eighteen.

Yesterdays's picture

I think your best bet is to call and ask directly how much will come out moving forward 

Rags's picture

Definately ask the CSE agency in your state.  

You may also want to set up a consultation with an experienced family law Attorney to obtain guidance and help set up your end of CS steps and strategy.

Thumper's picture

FYI and side note****

Depending on your bm,  she may  challenge the request to "END" child support if your child is going to trade school, tech school OR university or if she believes your child is  unable to self support.  Your court order may remain silent on this particular issue---but THAT,  means zero in family court. Most requests to be heard /challenge will be granted IF your x asks. 

Long ago when a child was at emancipation age---NO one had to request it to stop, it just ended. 

Now it is a totally different ball game. Custodials can ask the court to continue cs in long after emancipation age, even those NCP' who do NOT have arrears. 

Just be on the look out, ok?

Hope you come back and keep us informed.