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Im $12000 in arrearages but didn't file a modification untill I was on SSDI for 2 years. Can I get a court to say I owe none or less because of my disability and maybe even lower my child support since my income has been cut by 2/3 . My income at the time of the order was 60,000 yr but because of 2 brain surgeries and a lung plication surgery my SSDI income is 20,000 yr.
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If you haven't already done so, you need to file a modification of child support immediately. The court cannot reach back before your date of filing and wipe out the child support arrears. Your child should be receiving disability based on your disability. You can ask the court to count that child's disability payment to count toward your spousal support amount and any overage paid by the child's disability check can be credited to the arrears.
Answered on Oct 18th, 2013 at 4:29 PM