Arrearage in Child Support


#1

Dear Josh:

Greetings. First, I hope that you are currently paying your child support and arrearage on time monthly. As to your question, no the court does not usually request that you pay the entire arrearage at the final hearing. The judge may increase the amount of the arrearage you are paying every month, but it is also likely that you will continue to pay the arrearage (and interest on the same) over the next 13+ years. Best of luck and good luck paying your child support!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your answer.

Can we go back to mediation and come up with answers that we both agree on, so we will not have to go back to FINAL court? Such as, who will have sole custody, visitation and child support. Will a judge sign this altho we have gone to temporary court for the above?

I am just trying to make it cheaper for both of us. We both have attorneys and the final hearing could go on for days and this is going to cost $'SS.

Thanks!


#3

Dear Josh:

Greetings. Yes, if you agree you can go back to child custody mediation. If you come to an agreement in mediation, the judge will sign on the parenting agreement, making it an order of the court.

It would be much cheaper to agree then to have a child custody trial. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hello:

I just recently went to court for temporary child support and custody.
I had not supported my child for 2 years, during our separation and divorce. The temporary court order states that I have arrearage. This is a large amount of $'s, close to 10K. The order states that I pay 50.00 extra a month until paid. If this is the case, it will take me over 13 years to pay off the arrearage. Does the courts usually give this amount of time? My worry is this, when we go back to court in about 6 months for the FINAL hearing, is the judge going to make me pay what is left in one sum? Also, will I have to take my w-2 forms to court at that time?

Any help with these questions is well appreciated. Thank you.