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Can I file a Motion to Set Aside for child support arrears?

Can I file a Motion to Set Aside for child support arrears?

Q: What is a judgment for child support arrears?

A judgment for child support arrears is a court ruling that establishes you owe a specific amount of unpaid child support. This judgment can lead to wage garnishments, tax refund intercepts, or other collection methods. If you believe this judgment is incorrect, you may have options to contest it in court.

Q: Do I have to pay back child support if I didn't know?

Generally, you are still responsible for paying child support arrears even if you were unaware of the obligation. Courts typically hold that ignorance of a court order does not excuse non-payment. However, if you can demonstrate that you were not properly notified, you may have grounds to contest the arrears.

Q: How to remove child support arrears from credit report?

To remove child support arrears from your credit report, you need to resolve the arrears with the court. Once the arrears are settled or modified, you can request that the credit reporting agencies update your report. It may take some time for the changes to reflect, so keep documentation of your settlement.

Q: How to beat contempt of court for child support?

To contest a contempt of court charge for child support, you must show that you were unable to pay due to circumstances beyond your control, such as job loss or medical issues. Providing evidence of your financial situation is essential. Consulting with an attorney can help you prepare your defense effectively.

Full question:

I did not file an objection in time, so I lost my case. It was on arrearage on child support. I do not owe money so I would like to go in front of a judge. I was told I could file a Motion to Set Aside. Do you know what form it is? The only one I see is Motion to Set Aside Arrest.

Category: Divorce
Date: 04/07/2025
State: Oregon

Answer:

In cases involving child support, you can file a Motion to Set Aside if you believe you were wrongfully found in arrears. While the specific form may vary by state, it is not uncommon to find a form titled 'Motion to Set Aside Judgment' or similar. US-00936 pertains to a Motion to Modify Judgment of Divorce, which is similar and may be applicable in your situation. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to remove arrears from child support?

To remove child support arrears, you typically need to file a motion with the court that issued the original child support order. You can argue that the arrears are incorrect or that you were not properly notified of the proceedings. Providing evidence to support your claim is crucial. It's advisable to consult with a family law attorney to ensure that you follow the correct procedures and have the necessary documentation.

Can arrears be dismissed?

Yes, child support arrears can be dismissed under certain circumstances. If you can prove that the arrears are inaccurate or that you were not given a fair opportunity to contest them, you may file a motion to have them dismissed. Each state has specific rules regarding this process, so consulting with a legal professional is recommended.