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What To Do If You Owe Back Child Support

Gavel - How To Find Out If You Owe Child Support ? - DP Law Offices of David Pedrazas, PLLC, UtahAre you worried about back child support? Ask for a Legal Case Review from an attorney who specializes in family law in Utah. Dealing with child support issues can be very extremely stressful and trying to handle the situation can give you more problems than you need. In Utah, contact Utah family law attorney David Pedrazas so you know you have everything in order and you can get back on track with your child support payments.


What is Back Child Support?

Back child support is any child support that was not paid when its due according to the court and the Utah Child Parenting Guidelines. The court sets a specific amount of child support to be paid at certain intervals, usually weekly, bi-weekly or monthly. The amount of child support will depend on the number of children and the amount of money earned by both parents. If payments are missed, the person is said to be in arrears.

What Are the Child Support Laws in Utah?

The Utah child support statute of limitations determines the laws pertaining to back child support. Even though a child is considered to be emancipated at the age of 18, if they are still in school you are required to pay child support until they graduate. You will also still be liable for any amount of back child support you may prior to their 18th birthday.

How Do I Find Out How Much Back Child Support I Owe Online?

If you are unsure of exactly how much you back child support you may owe, you can visit the Office of Recovery Services (ORS) to find the information you need. You can also get in contact with the local Clerk of Courts in your area to find out the information.

How Much Back Child Support Can You Owe Before Going to Jail?

In many cases, judges will not send a parent who is attempting to catch up on back child support to jail. Arrest warrants are normally issued for individuals who refuse to pay child support or are deceitful in reporting their income or employment status. Individuals who owe an exceptionally large amount may have a warrant issued if they have not responded to contempt charges or other types of court correspondence pertaining to their case. In Utah, individuals who do not pay their child support may be found in contempt of court and a bench warrant issued for their arrest. This normally occurs when a person refuses to pay the delinquent amount of the amount becomes excessively large without the person attempting to make adequate payments. There are ways to avoid going to jail for back child support in the state of Utah. It is important to always attempt to pay something, even if you do not have the full amount. It is important to file a motion to modify your child support if your employment status changes. Your case worker must be notified any time your situation changes, either with your employment, health or living situation.

Can Back Child Support (Arrears) Be Waived?

The child support order will remain in place for four years after the youngest child on the order reaches the age of 18. There are instances, such as equitable forgiveness and suspension of interest that will waive a small portion of the arrears.

Can Child Support Take Your Federal Tax Return?

Yes, the Office of Recovery Services (ORS) can order the confiscation of your federal tax return if you are in arrears on your child support payments.

What Steps Do I Need to Take if I Owe Back Child Support?

If you owe back child support due to changes in employment or other issues, you need to go directly to the court and show your sincerity in attempting to bring your account current. At the Law Office of David Pedrazas, David Pedrazas is a family law attorney who can help you make an effort while still protecting your rights. The following steps can be taken to help you reach a solution:

  1. Have the court re-determine your back child support to ensure you are paying exactly what is owed.
  2. Include any substantial time the child spent in your care and see if equitable forgiveness applies.
  3. Ask the court to suspend any interest owed on the back support to try and make the amount more manageable.
  4. Work with the court to create a reasonable payment schedule that will be within your budget and still bring down the amount in arrears.
  5. Negotiate a settlement with your the other parent.
  6. Once an amount has been reached, you can also obtain a loan to pay the arrears all at once.

Above all, it is most important to let the court know you want to take care of your responsibilities and are willing to make an honest effort to bring your support current.

Family Law Attorney David Pedrazas in Salt Lake City, Utah 

Are you behind on child support payments? Contact the Law Office of David Pedrazas in Salt Lake City, Utah to get the help you need. We understand handling child support issues can be overwhelming and that’s why having a family law attorney with over 20 years of experience is in your best interest to help guide you through the right steps you can take in your situation. Feel free to contact the Law Office of David Pedrazas PLLC today by filling out our contact form or give us a call at 801-263-7078 for a Legal Consultation. 

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