How canI get my support payments reduced and my drivers license back if I owe back support?

I am the father of 12 year old twin boys. At the time I was separated my payments were based on my income of $17 per hour. After I separated, I was informed that my drivers license was suspended for non-payment and back support due. Thus I became unemployed. I have been informed that I could be incarcerated for non-payment of back support. I would like to have a hearing to adjust support payments and possibly get my license back. How do I get adjustments made without paying past dues in full? Can I be incarcerated because I can not pay dues in full?

Asked on August 27, 2011 Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are presently under a court order for a set monthly amount for child support that was set when you were making seventeen dollars ($17.00) per hour, but circumstances have changed where you are making less than this amount, you need to file a petition in the court case where your existing child support order is in effect requesting a modification of it due to changed circumstances.

You need to file this petition as soon as possible.

If you cannot afford an attorney to assist you with this petition, your county may have a "legal aid" program where volunteers can assist you in getting the suggested petition filed.

Another option to assist is to contact your local county bar association to see if it provides a legal assistance program.

Depending upon what you set in your petition to adjust the monthly child support payments, the court may make a retroactive child support order reducing the monthly amount.

There is the possibility of you being served with an order to show cause re contempt of a court order for not paying child support. If found to be in contempt, you could be incarcerated for violating a court order.

Once you get things straightened out concerning your child support order, then you will be in a better position to square things away for getting your driver's license reinstated.

Good luck.

 


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