How Can You Deal With Back Child Support?

If you have been divorced for a period and your spouse is failing to pay child support, it is important to discuss your situation with experienced Fresno divorce attorneys. But what if you owe back child support, are overwhelmed by the amount and are unsure how you can ever get caught up?  California law provides several tools that may be available to you for dealing with your child support arrears.

Compromise of Arrears Program

The Compromise of Arrears Program (COAP) is a program for eligible noncustodial parents to reduce the past due child support they owe to the government. This debt is owed to the government because the State of California supported the family with public assistance or while the children were in foster care. A computer program considers your income and assets in determining the amount of repayment required and how much of the debt will be reduced. Arrears may be paid off in a lump sum payment or over time in a payment plan, depending upon the details of your case.

Petition for "Equitable Forgiveness"

A California court will not modify child support retroactively. However, the court may excuse child support arrears under certain circumstances. One common situation is where the children were actually living with you during the time that the back child support was accumulating.

Motion to Set-Aside Invalid Court Judgment

If there was an error in how the court judgment setting the child support amount was obtained, you may be able to eliminate all or a portion of the past due debt. For example, if you were never properly served with the court pleadings and did not have notice of the proceedings, you can argue you should not be held liable for the accruing child support debt.

Settlement with the Other Parent

In some cases, you may be able to negotiate with the other parent to waive past due support in exchange for a smaller, lump sum payment. There are a variety of other reasons the other parent may agree to reduce the amount owed, but a waiver or reduction usually requires Court approval. Thus, it is essential to seek the assistance of skilled divorce attorneys in Fresno.

Consult with an experienced Fresno divorce attorney to reduce your back child support

The legal team at the Law Offices of Jennifer S. Morrison, P.C. represents clients in all aspects of family law matters, including divorce, paternity, child custody and visitation rights, child and spousal support, and property and debt division. We take pride in our ability to settle cases without the need for court intervention. However, when a trial is required, the most aggressive approach is taken, always considering the best interest of our clients. Contact us today to schedule your initial consultation.

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Does Social Media Promote Divorce?

Social media networking outlets such as Facebook, Twitter, MySpace and others have opened doors for people to keep in touch or get back in contact with people they know, regardless of how far apart they may live from each other. While this is a seemingly good thing, social websites may not be “marriage friendly.” Divorce lawyers in Fresno are hearing an increasing number of couples say that social media relationships are a contributing factor of their marriage ending.

Internet divorce evidence

According to a survey conducted by the American Academy of Matrimonial Lawyers (AAML), 81% of the top divorce attorneys in the United States report that they have seen an increase in the number of cases citing social networking evidence during the past five years. The biggest culprit is Facebook, with 66% citing it as the primary source for online divorce evidence. Spouses are also providing computer use history, text messages and emails as evidence of misconduct by their husband or wife.

How does it happen?

On most social media websites, an affair can begin with just a few clicks on the computer. As with most affairs, it usually starts out innocently. However, instead of taking months to develop (like in-person romances typically do), a social network allows the relationship to develop quickly and all within the comfort of your own home or office. Former romantic partners can reconnect or you can get to know somebody you otherwise would not have the opportunity to spend time with in person. Temptation is placed at the fingertips of people who would never risk having an affair, but a few online conversations that seem so innocent can quickly develop into a more emotional connection.

What is the solution?

It is not necessary for you and your spouse to eliminate the use of all social networking websites. What is essential, however, is to have open communication and honesty about it. Your status on all of your accounts should clearly indicate you are married. It is also important to provide your spouse with your log-in information. Knowing that your spouse can read your posts or messages at any time means you are likely to keep your relationships as truly “just friends.”

If you believe that your spouse is being unfaithful, whether online or in-person, and you are considering a divorce, it is important to seek the advice and guidance of a Fresno divorce lawyer. An experienced attorney can guide you through the process and assist you each step of the way.

Contact a Fresno divorce lawyer who provides compassion and quality representation

If you are looking for an experienced and proficient divorce law firm in Fresno, contact the Law Offices of Jennifer S. Morrison, P.C. Our legal team is thoroughly prepared and knowledgeable of the law and how it applies to the facts of your particular case. We are aggressive in protecting your rights and best interests, but mindful of doing so in the least disruptive way possible.

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