I Want to Pay the State Back for Child Support Arrears

Contacting Your Ex-Spouse

• Even if you are not on speaking terms, you should attempt to contact your ex-spouse, even if it is via email or a letter. Let your ex-spouse know that you are going to try to attempt to pay the delinquent amount and to let you know that payments are being received. If you were ordered to pay support directly to your spouse, start making payments on the arrears. Be sure to forward two checks -- one for the current support and one for the arrears. Write "Child Support Arrears Payment" and the balance due on the memo line, so that you have a complete record of payment, and so that there is no question of how much you paid toward the delinquent amount.
  
  

Contact the State

• If you pay support through the clerk of court or the state depository unit, write a short note with each check. Be sure to write "Child Support Arrears Payment" on the check or money order for the arrearages -- you should write two checks even when paying to the state, to keep a record of payments. The state also makes mistakes and could credit the amount wrong or not credit it at all. Always write your case number on the memo line, in addition to the other information. The note should explain that you are paying the amount in the check marked arrearages toward the delinquent amount of child support and that the other check is for current support.
  
  

Requesting Your Balance

• Visit the clerk of court and ask for a printout of your child support payments. The clerk may charge you for each page. You will be able to see where payments are going when you receive the printout. Obtain a print out at least every three months. Some people prefer to obtain a printout every month.
  
  

Considerations

• If you do not attempt to pay the arrearages on your own, you may be hauled into court to answer to a contempt charge. As soon as you are able to pay anything toward back child support, even if it's only $20 per month, start paying it. The court looks favorably on your situation if you make even the slightest attempt at paying. Your ex-spouse may not look favorably on the situation, but if you can prove to the court that you didn't pay because of a legitimate job loss -- in other words, you didn't just quit so you wouldn't have to pay -- and the court sees that you are making an honest attempt at repayment, the court will enter an order on the amount you are paying or an amount close to what you are paying.