Can one file bankruptcy on child support arrearages? Also, it has been proven that the original arrearage was $75.00 then a month later it went to 1k then 3 k 2 months later and now it is over 44k in arrearages. Any suggestions out there? Time was served for 39 days because of child support. Can one be charged again for the same thing? Can they garnish wages for child support arrearages? Can they take tax refunds legally?
2006-12-12 06:34:32 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Also, this person was charged and sentenced for 39 days, and received probation for 3 years. Can he be charged again or does the double jeopardy law come into effect here?
2006-12-13 04:19:07 · update #1
There are ONLY arrearages left now, NOT child support on this.
2006-12-13 04:19:44 · update #2
What they usually do is move the amount forward if you are convicted. So basically put, it becomes the 39 days plus the arrearage.
Now, they won't be charged on the same thing per se, but since the amount was moved up, they'll just be charged if they deliberately refuse to pay that amount. Catch my thinking? Take a theft where you were ordered to pay restitution + jail time. If you refuse to pay, you won't go to jail for the original theft, you'll go to jail for the refusal to pay the restitution, and so on. You aren't being jailed again for the child support, this is a new amount (though it's basically the same thing).
And as far as your next questions and your first, yes and no. They can garnish wages and intercept tax refunds, and no, child support arrears are not discharged during a bankrupcy. They can be suspended during a chapter 13 restructuring, but only for the time it takes to restructure, and then they'll be back again.
2006-12-13 10:13:59 · answer #1 · answered by John F 3 · 0⤊ 0⤋
No, you cannot file bankruptcy on child support arrearages. If you dispute the amount of the arrearage, hire an attorney. Yes, you can be charged again if you still refuse to pay your child support. They love garnishing wages for child support. They also love taking your tax refunds. Perhaps you should bite the bullet and start paying your child support.
2006-12-12 06:37:46 · answer #2 · answered by gigi_victory 3 · 1⤊ 0⤋
It all depends on the state you live in. By filling for bankruptcy you may be able to get the payments lowered but no you can not get out of paying child support unless you go to the court and ask for a paternity test to prove you are not the father.And yes they can charge you twice for failure to pay child support because you have failed to pay on a separate payment. It's the same as running a red light if you run two in a row they can give a ticket for both. As far the as garnishing your wages goes they can do that some states allow more than others do. You may want to look at your states Attorney General's website to find more things out.
2006-12-12 06:42:17 · answer #3 · answered by silentevil92684 2 · 0⤊ 0⤋
I will be receiving child support for until my child is 24. This is due to the other parent not paying for the first few years, then dodging payments for two years, along with acrued interest. Even though the child will be an adult, the arrearage is for missed payments. The non-custodial parent can chose not to pay, but the custodial parent still has to pay for food, rent, clothing etc. Therefore, it is repayment on a debt owed, covered by someone else. If you co-sign a auto loan for someone, and they disappear with the car, you must continue making pay't to protect your credit rating. Even if it is 5 yrs after you pay off that loan, aren't you still owed that money? Why should the deadbeat parent get off providing support, by not paying? How is that fair to the one juggling all of the expenses, that has done without, so the child doesn't?
2016-05-23 15:17:29 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Child support cannot be erased or forgiven, even in bankruptcy. A friend of mine now receives $750/mo for the $150/mo she didn't receive when her son was a child. Now her son is married and in the Air Force but her ex is finally able to pay what he owes, and he will continue to pay until he has paid the back support he owes. And I believe they can garnish wages and take tax refunds. If you get someone pregnant, you better be prepared to pay.
2006-12-12 06:40:23 · answer #5 · answered by smartypants909 7 · 1⤊ 0⤋
Yes they can garnish wages for child support arrearages. I have two employees that I have to garnish wages for and they were nowhere near as behind as you.
2006-12-12 06:40:41 · answer #6 · answered by momofmodi 4 · 0⤊ 0⤋
it doesnt matter if they did make a little time it still their respondable.yes you can still get charged again.yes they can take your federal taxes.but not state.no matter how much.why do you think some parents want work.for the government to take it.but its a shame that a lot of people hide from their responsables that's why now kids keep up their parents and yes they will garnish your wages.that;s why people work under the table.
2006-12-12 06:54:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
the honor system doesnt work.
1) nope, cant get out of the arrears
2) yes can attach wages for a child
3) yes can take fed tax refunds
4) yes can take state funds (in NJ)
5) can post pic of DEADBEAT on web and write agencies for more help (see links below)
or go to jail without a get out of jail free card.
2006-12-13 03:47:59 · answer #8 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋