Legal Question in Family Law in Indiana

child support arrears

In Indiana is there any way to have your child support arrears reduced?

I filed for the paternity case and then had to track down my ex who had my daughter in another state without my consent. the court then went through jurisdiction hearings and found that indiana is home state. long sotry short.... she finally came to court and after the support order went through the judge retro-acted it to the date of filing which was a year earlier when things were said and done. They then calculated my arrears off of the worksheet which had her income as much lower than it had been and mine where it should have been since I made hardly any money. the judge ordered the arrears which I feel were calculated off of number that were not correct.

IS THERE A WAY TO REDUCE OR MAYBE POSSIBLY VACATE THESE ARREARS? since I am the non custodial parent, I had to file to get her to even let me see my daughter, let alone I am the one that originally filed to pay child support. this seems wrong. no oversight in this state and now its on my credit as delinquent account seriously past due even though I have been paying on the arrears since the day they were ordered...

Asked on 4/01/09, 12:36 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove
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Re: child support arrears

Yes, each payment reduces the arrears owed. Other than that, there is no way to reduce the actual amount owed. However, a chapter 13 bankruptcy might reduce the amount of the payments toward the arrears. You also may be able to negotiate a lower payment directly with the custodial parent, but not the amount of the actual arrears.

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4/01/09, 10:47 pm

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