When do you have assigned child support arrears?

First off, you have what is known as assigned child support arrears. Assigned child support arrears pile up when the non-custodial parent fails to fulfill his/her obligation while the custodial parent is on public assistance.

Can a retroactive order reduce child support arrears?

Any hardship that may be occasioned by a retroactive order reducing arrears or rescinding arrears, or by an order requiring the payment of substantial arrears. In light of these principles, the court refused to vary the child support arrears.

Can a retroactive discharge of child support cause hardship?

7. Any hardship that may be occasioned by a retroactive order reducing arrears or rescinding arrears, or by an order requiring the payment of substantial arrears. In light of these principles, the court refused to vary the child support arrears.

How does a court order deal with arrears?

Where the court order does not specify the period to which the arrears relate, the Registrar will assume that the earliest debt is being discharged first. This means that the debt for the pre-registration period is discharged before the debt for the post-registration period. The arrears amount is maintained in the Register.

What happens if I am in arrears on child support?

If you owe arrears (past-due child support), it is possible that your court order or wage assignment (garnishment) if there is one, will include an amount over the monthly child support. This amount goes to paying off your arrears, and it is often called a “liquidation amount.”.

What happens when you get a child support order?

In every case ordering child support, the court will order that a wage assignment (garnishment) be issued and served. The wage assignment tells the employer of the person ordered to pay support to take the support payments out that person’s wages.

What happens if you don’t pay back child support?

“Back child support” is the child support amount set out in a court order that is owed but currently unpaid. It is also referred to as “child support arrearage” or “arrears.” When child support is not paid pursuant to the Court Order, and no attempts are made to pay down the arrears, then interest, attorney’s fees, and court costs can be imposed.

Can a court change the amount of child support you owe?

The court has no authority to change or reduce the amount you owe in child support arrears. The court can only change or modify current child support obligations if there is significant showing that the amount is not fitting given the circumstances.