Stuck With a Huge Child Support Debt? Get it Wiped Out!
Are you stuck with a huge child support debt? Well, fret no more. There is help for you. You may be able to get from under the burden, paying only a fraction of what you owe.
In the State of Michigan, as well as in many other states, you can apply to enter into a payment plan for all of your unpaid arrears. Once the payment plan has been satisfied, all of your arrears may be wiped out.
If the total amount of your arrears is owed to the State, the process will be simple and straight forward. File a request for a payment plan with the local court that has jurisdiction over your child support case, indicating an amount that you can afford, say $50.00 per month. The usual length of time for the payment plan is 24 months. Be sure to send copies of the request to the other party and the Friend of the Court. There will be a filing fee for the request. In Michigan the filing fee is $20.00.
If any portion of your arrears is owed to the other parent, the process may be more difficult. Prior to filing your request with the court, you will have to get the other party to agree to the payment plan. If they agree, then you will have smooth sailing. You may be able to work out a separate plan with the other party, one that removes the Friend of the Court from the equation. Try to settle on an amount, payment due dates and a term period that everyone agrees with. It is important that the other party understands that you intend to pay them. Often, the other party will readily agree to help you get your life back in order, as long as they are part of the process and feel that you are intent on taking care of your responsibilities.
Provided the court approves your request for the payment plan, you should work diligently to pay the amount of the payment plan. You do not have to take the full term of the plan to pay the total amount. The sooner you satisfy the amount of the plan, the sooner you can have the total amount of arrears abated.
That\’s right; upon paying the total amount of the plan, all of the remaining arrears can be wiped out. Simply file a motion indicating that all of the money due in the plan has been paid and request that the remaining balance be abated. Courts will usually grant the motion if the payment plan’s terms have been satisfied. This can happen as early as 2 weeks after you enter the plan, as long as the total plan amount has been paid.
Follow the rules and all of your arrears can be abated and any of your rights that you may have lost due to unsatisfied child support payments will be restored.
As with any legal proceeding, be sure to consult an attorney and familiarize yourself with your local rules concerning this issue.
Author Bio: Eric L. Duncan, Sr. is currently Director of Legal Services with Alpha Paraprofessional Services, an independent paralegal services firm established in the Metro Detroit area. http://www.alphaparaprofessionalservices.com
Category: Finances
Keywords: child support,advice,law,owe child support,arrears,abatement,friend of court,foc,legal, garnishment