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Father's Rights: Back Child Support

Author: Matt Allen, Editor, Dads Divorce

Posted: 05/23/12

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Need 2 Ask a Lawyer Blog

Question: I Can Never Pay Off Child Support Arrears With All The Interest Being Charged. What are my options?

I owe back child support for my two children, both of whom have reached the child support age of emancipation.

The problem is while I’m trying to pay off the back child support, the state keeps adding interest on top of the remaining balance. So the interest just keeps piling up and piling up as I’m struggling to make any sort of payments.

At this rate, I’ll never be able to pay this debt off. Are there any options available?

Answer from Wisconsin divorce attorney Erica Christian:

In most states, child support arrears accumulate interest penalties based on a state statute. The interest rate varies from state to state. In addition, many states and the federal government have additional penalties for persons who are in arrears in child support.

This could affect your ability to get a passport or fishing/hunting licenses, Child Support Enforcement could intercept your tax refunds, and they may be able to place liens on your property. Child support arrears are not dischargeable in bankruptcy.

Depending on the interest rate currently being charged, you may be better off seeking a private loan or a mortgage (if you own a home) to pay off the arrears.

In addition to contacting a Cordell & Cordell family law attorney, you may want to contact a financial planner to discuss your options.