My brother owes $164,000 dollars to his ex-wife for child support and there was no way he can pay it. He is very poor and dosn't make enough to support himself let alone his child and 164,000. Can he attain some kind of forgiveness of this debt
2007-09-25 05:11:49 · 22 answers · asked by Mscott21 2 in Politics & Government ➔ Law & Ethics
So let me give you a few more details. Yes, my brother did shirk his responsibilities. But my parents help her. About six years ago she decided to go to college and get a degree which she did. In the end, she lived with my parents rent free with the kids to pursue her degree. She now has a Masters degree and she is a working professional. We are so proud of her. My brother has been in and out of jail and really hasn't amounted to much. He was released from jailed after doing 18 months and is trying to stay sober and drug free. He secured a dead end job but he can't drive because of the Child support thing.
I love both of them. I see she dong well now and he trying. But he jus can't pay the rears and it is very difficult for him.
2007-09-25 10:33:22 · update #1
Nope, he helped make the baby, he has to help support it. He should have started to pay some of it when it was first due, then the amount wouldn't be so high. He started out as a deadbeat & continues to be one now.
2007-09-25 05:16:16 · answer #1 · answered by shellimarki 2 · 6⤊ 1⤋
There is no way in the world he will be forgiven completely of a child support debt. If he is so very poor, he should have addressed the court about this years ago. Child support payments are based on a percentage of your income, and it varies form state to state, but had he done something about this a long time ago, the debt might not have gotten so high. Whenever the non-custodial parent's income changes, the support should change too, whether it's more or less, but it has to be done through the court.
He really needs an attorney to handle it at this point. It's possible, if he can provide proof of income for all the time that he was not paying, and that income shows that he should have been paying less, that the amount can be reduced, but it will not be completely forgiven. Again, that is only a possibility, the court could very well take the attitude that it was up to him to petition for a reduction whenever he needed it. If he cannot afford an attorney, he should find out if there is any free legal aid available to assist him.
2007-09-25 05:28:23 · answer #2 · answered by Anonymous · 2⤊ 0⤋
FORGIVEN! What about forgives for the single parent that got left holding the bag? Where was there forgives when there were in the principle office with the child that was in trouble and the staff looked at you like; just another welfare parent and her gang banger kid! Or when you were in front of the probation officer and there asking and where's the father; and looking at you like you are a piece of crap! Let me tell you, I never ever even got help with food stamps! Why? I'll tell you why; cause I had to go out and work and just made a little bit to much money. That's a joke! Now I ask did they forgive me for working and supporting the children? No they didn't, instead they penalize me and didn't give me any help, but crucify me all the way! About three months ago I got this letter in the mail, if I would drop all the rears that the DEAD BEAT LOW LIFE owned, so he could get his license back. Let me see how the child support case worker put it: poor him give him a break! A BREAK I say WHAT ABOUT MY BREAK, WHO GIVE ME A BREAK!? Absolute not, my sons are grown adults now and I'll go after the rears till the day he dies or me. I swear the system helps the dead beats. Where's the justice to this? I hope that ex-sister in -law goes after the last penny he has! Or maybe since he's so poor as you put it , he can rot in jail till the debt is paid in full!
2007-09-25 06:11:19 · answer #3 · answered by DEEJAY 5 · 2⤊ 0⤋
He obviously either owes a lot of back support or had a job that made the judge think he could pay a large amount. I have not seen a support case get forgiven. He would need to go back to court and explain to the judge why he is not making the payments. With that amount, I am surprised he isn't in jail.
2007-09-25 05:29:56 · answer #4 · answered by sensible_man 7 · 3⤊ 0⤋
This might sound rude, but that does not matter in the eyes of the law. He should have thought about how he was going to raise a child if he was not financially ready.
I feel sorry for his ex wife and children, it is hard raising a child alone and not only that, with no support. That's like saying, you don't have to pay your electric bill, because you don't have enough money this month. Please, he needs to be a man and support his children. Get a better job, or take up a 2nd or 3rd job.
**EDIT: You people that are suggest death/suicide, are cowards. That is the easy way out. I will pray for you in hopes that you get the help that you need. Good day!
2007-09-25 05:16:37 · answer #5 · answered by eZonis34 4 · 4⤊ 1⤋
No, all he can do is pay it in small increments if the courts allow it. It sounds like he may have never taken care of it at all. In all that time his child was still eating, growing out of his clothes, needing school supplies. What he can do, is get another job, work two jobs, or more. And lets not forget that making other kids is out of the question.
He is due some sort of income tax rebate if he earns very little. That can go to the exwife.
2007-09-25 05:26:09 · answer #6 · answered by justa 7 · 1⤊ 0⤋
He can apply to have them reduced or a monthly payment arrangement made.
If your brother is low income how in the world is there a $164,000.00 child support order against him.
He could also apply to the court to have the enforcement of the arrears suspended, which basically means that they discontinue trying to get it from him but it remains a vaild debt. He could probably then get his drivers licence back and get a better job...this will only work if he is paying the current support though..you know ..good faith.
2007-09-25 06:43:34 · answer #7 · answered by elysialaw 6 · 2⤊ 0⤋
He need to get an attorney and go back to court and try to have the judge reduce the amount he has to pay. He need to show and prove his income and the judge can reduce it!
Also one thing they may or may not apply. If he owes $164K the majority of that must be back support! In some states judgment (including child support) that are over 10 years old are no good, unless the person awarded the judgment goes back to court to re-affirm the judgment. Meaning the judge has to re-issue the judgment after 10 years. This again is a reason to talk with a family law attorney in your state.
I wish you and your brother Good Luck!
2007-09-25 05:21:56 · answer #8 · answered by Bill C 3 · 0⤊ 3⤋
he cannot be forgiven.. but maybe if the judge reviews his case.. sees his stubs from wrk vs. mnthly expenses, he can reduce the amt to be pd mthhly.. what the judge might do, he can order that everytime he gets pd ..a portion is already taken off directly from his check and goes to his child.. If I was a judge I would not forgive him.. if he needs to get a second job then start applyying.. but that child needs the money and him to be around.. is not all about money.. Not sure if you knw but kids (food, clothing, schl materias, after school, sports,misc) are expensive..And Im sure he will like his child to be well prepare for life.. and not in the streets =)
2007-09-25 05:22:43 · answer #9 · answered by GIGI 3 · 1⤊ 1⤋
How would he owe $164k if he was poor? Sounds ridiculous to me. (not that some child support amounts arent truly ridiculous) When I divorced my ex wife I got custody and $455/mth which I thought was obscene. I wrote a letter, had it notorized and have never taken a penny
2007-09-25 05:20:20 · answer #10 · answered by Anonymous · 1⤊ 1⤋
The only way the debt will be forgiven is if the mother signs off on it.
You don't owe $164K overnight. I seriously doubt your brother will be able to make any argument for falling that far behind.
2007-09-25 05:17:41 · answer #11 · answered by trooper3316 7 · 5⤊ 0⤋