How Long Will It Take to Pay Off That Child Support Arrearage?

Posted By Irene C. Olszewski, Esq. on August 12, 2010

childsupportI often represent clients in Family Court who are supposed to receive child support but seldom, if ever, receive the checks. Other times, I serve as Guardian Ad Litem for the minor children in similar cases. When child support payments are not made on a regular basis, the back payments accrue and that balance is known as an arrearage.

When someone hasn’t paid court-ordered child support regularly, the party to whom it is owed has the right to bring a Motion for Contempt before the court. If a case is registered with the Support Enforcement Services, they will monitor the payments received and the arrearage balance. .

When the case ultimately goes before the judge or magistrate, the obligor (defined as the person who owes the child support) is often shocked at how much he or she actually owes in back support. It’s not at all surprising that the missed payments add up fast.

When the obligor is found to be in contempt of court, he or she may be ordered to cough up a large lump sum payment or spend some time in a cozy little jail cell. Faced with those choices, I’ve heard some wild proposals from obligors for paying off the back support.

My all-time favorite is the one from the guy who owed in excess of fifty-five grand. His proposal? Pay 50 bucks a month on the arrearage. Um, that would take him something like 87 years to pay off!

If you owe child support, pay it on time and in full to save yourself the hassle of being summoned to court. In addition to facing incarceration, a judge or magistrate may revoke your professional licenses, intercept your income tax refunds, require job searches, revoke your passport, and a variety of other unpleasant surprises.

If you are supposed to receive child support but the obligor fails to pay you, contact an attorney to find out the best course of action.

No matter what though, don’t settle for 50 bucks a month on a huge arrearage balance. You’ll be in a rocking chair by the time it’s paid off!

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Irene C. Olszewski, Esq.

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