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Going to Jail 05-15-2017 09:53 AM

What am I looking at?
 
Need advice.

I started paying CS again last year after a lengthy period of time beginning with no income, then EI,which was garnisheed at the full support agreement rate, then no CS paid from unstable income from temporary jobs. This was followed by a return to stable income, but significantly less income than at the time of the support agreement but no CS being paid.

Now the FRO is seeking an order for all arrears back to day 1, which was 8 years ago, at the original amount which was based on a significantly higher income.

I have had no contact with my ex and there have been no requests from her for CS during the period of non payment. She remarried years ago, has added more children, and takes vacations to Hawaii, etc. The child hasn't faced any hardship whatsoever. There are no custody considerations and visitation was removed by the mother 6 years ago.

My question is how does the court rule on requests for CS arrears when the payer's financial circumstances have changed but he has failed to take the legal actions to change the CS that the law requires in order to amend a support order?

What are the best arguments to present to the court to minimize the order for arrears?
Can this be done while self-representing?

Thank you.

arabian 05-15-2017 10:13 AM

Yes you had better get your arrears adjusted by the court.

You simply present all of your corroborating information (pay stubs, tax returns, letters from former and current employer if possible).

As long as you pay something it is unlikely that you would be facing jail.

Once you get your numbers and court order altered you can then change your payment. Until that happens the best you could probably do is quickly enter into an agreement with maintenance enforcement (VAPs). You may have to go through a financial examination but if you have your documents there shouldn't be too much of a problem.

Problem is that you ignored this for too long.

LovingFather32 05-15-2017 10:16 AM

Quote:

Originally Posted by arabian (Post 220682)
Yes you had better get your arrears adjusted by the court.

You simply present all of your corroborating information (pay stubs, tax returns, letters from former and current employer if possible).

As long as you pay something it is unlikely that you would be facing jail.

Once you get your numbers and court order altered you can then change your payment. Until that happens the best you could probably do is quickly enter into an agreement with maintenance enforcement (VAPs). You may have to go through a financial examination but if you have your documents there shouldn't be too much of a problem.

Problem is that you ignored this for too long.

^^^^ Agree 100%

Going to Jail 05-15-2017 02:28 PM

Quote:

Originally Posted by arabian (Post 220682)
Yes you had better get your arrears adjusted by the court.

Thank you for your feedback.

But what I was hoping to determine is what does the court usually decide for arrears in this case, and what would be the key factors in their determination.

I have heard that the court would order 3 years arrears based on the payer's income for the most recent 3 years. However, should I expect 8 years of arrears without a retro-active adjustment in the amounts payable.

Of course I would face extreme hardship if the court ordered all arrears immediately or else they will order me sent to jail.

Every adjournment in regards to the FRO's current Default Order for the past year has included an order for jail if payments are not maintained. They made it very clear that If I am laid off from my job tomorrow, I will be facing jail if I don't keep up the payments based on the original support order.

Many thanks.


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