QUESTION
Can I stop a state from taking arrears?
Asked on Nov 11th, 2013 on Bankruptcy - North Carolina
More details to this question:
I have a case in Pennsylvania and they trying to modify my case. They are telling me that they are erasing my arrears cause they don't foresee him being able to pay now or in the future. How can they take what's owed after all these years? He might have made two payments. Can I have that case transferred to Virginia?
1 ANSWER
What kind of arrears are these? For what? Whatever you have written makes no sense. If you are talking about child support, arrears cannot be modified or reduced. Child support is a money judgment - once owed, it cannot be modified. And because it is like a money judgment it never goes away even if the child is now well into adulthood. That support money is owed. Why would a case be transferred from PA to VA? Child support is based on where the child lives or where the arrears accrued. There would be no reason to transfer this to VA unless transfer would be warranted under the child support enforcement act. The order or proceedings arise in the child's home state. The order can be transferred to any state where the obligor parent owns property for enforcement purposes only but it cannot be modified by the other state unless the child has left the home state. Are you the obligee or the obligor?
Answered on Nov 13th, 2013 at 1:18 PM