Can I be excused from the child support debt I accumulated while I was temporarily out of work?

Most states don't allow judges to retroactively change child support obligations. This means if a person becomes unable to pay support, the payor may petition the court for a reduction, but, even if the court reduces future payments, it will most likely hold the parent liable for the full amount of support owed at the time. For this reason, if a parent with a child support obligation starts falling behind because the parent's income has decreased or debts have increased, the parent should immediately seek a temporary modification.

For example, let's say Joe has a child support obligation of $300 per month. Joe is laid off, and six months pass before he finds another one with comparable pay. Although Joe could have sought a temporary decrease on the grounds of diminished income, he lets the matter slide and fails to pay any support during the six-month period. Joe's ex-wife later brings Joe into court to collect the $1,800 arrearage. Joe cannot obtain a retroactive ruling excusing him from making the earlier payments.

I just filed for bankruptcy. Can I discharge my child support arrearages?

Back child support cannot be canceled in a bankruptcy proceeding. Once it is owed, it will always be owed, until paid. This rule is based on public policy and is meant to discourage those obligated to pay child support from using bankruptcy to get out of having to pay.

My spouse and I separated a year ago. Can I file for child support now and get an order that covers the last year?

Probably not. Judges will only enforce orders beginning from the date the request is filed with the court. This is why it's very important to file for child support as soon as you and your partner separate.

My spouse is in charge of our household finances but barely provides me with enough to keep the cars running and buy food and clothes for the kids. Can I sue for child support?

Not unless you and your spouse live apart. Courts cannot, and will not, intervene in a family's lifestyle unless the children are being abused or neglected. Parents aren't legally obligated to provide material goods other than food, shelter, clothing, and education (up to a state's required age of attendance).