Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am a single mother with 3 young boys who were recently taken from me by the state of Indiana, at which time I had lost my job through no fault of my own. Also the court had ordered me to pay child support to the state while they were wards of the state, at which time I had filed a petition to modify the child support due to no job (job went to China). As of December 21st 2006 I have had my children back in my home (meaning the state placed them back with me from foster care) but they are still making me pay child support. My question is how do I get them to stop the child support order due to the fact I am sole provider of my children and living only on unemployment weekly benefit, barely able whatsoever to provide them with the neccessities after I make the weekly child support payments to the county court house? I have asked the case worker several times repeatedly to help me and she says she doesn’t know what I can do until I go back to court in May for the permanency hearing. Can you please give me the right advice because I have literally exhausted myself and my available funds to try to get this order stopped so my children can stay at home with me and I can afford to keep them home????????”
Question: You can make an application to the judge who issued the support order for a modification of support. If all you are paying is the back pay (arrearage) you’re going to probably have to keep paying that until it is paid off.
