QUESTION
Can I have child support arrears lowered the two years I was in mental hospital and how can I get this bench warrant withdrawn?
Asked on Aug 24th, 2015 on Child Custody - Michigan
More details to this question:
In 2004, I had a complete nervous breakdown related to my military service. I was involuntarily committed to a federal mental institution for 2 years and didn't pay my child support. I was just notified I have a bench warrant that the attorney general filed for violating court ordered support. In May, my IRS taxes were garnished (spouses) and the remaining balance is $8000. I was out of work from 2005-2015. I immediately filed for SS disability in 2005. It was denied but the VA awarded me 100% total and permanent disability. No criminal charges resulted in my mental health issues. My child is 27 and my income dropped from $55,000 yearly in 2004 to $3600 in 2005 and $2344 in 2006. Last year child turned 18 December of 2006. I feel that I could not file a timely downward modification because of mitigating circumstances and should be allowed to retroactively.
3 ANSWERS
John Arthur Smitten
You can try to make the case for credits against arrears, you have to file a motion with the court. Use of a lawyer is recommended.
Answered on Sep 02nd, 2015 at 12:10 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
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You need to go see a family attorney about this matter for a full discussion.
Answered on Aug 31st, 2015 at 8:25 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You can attempt but are running up a very steep hill. Depending of the facts there may be some potential of recovery, like sue your guardian/conservator for misfeasance while you were disabled. You should see an attorney about your past, present and future support obligations.
Answered on Aug 31st, 2015 at 8:25 AM