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subject: Obligor Questions [print this page]


Any person who may be legally required to pay or give benefits to another person may be called an obligor. The laws that govern obligors may be different as there are different types of obligors. Given below are answers to some of the most commonly asked legal questions about obligors, their rights and responsibilities:

Child support was increased on the basis of the obligor parent"s previous tax returns. However, the parent lost his/her job after that. Will the payments be postponed till the parent finds a new job in such a situation?

The obligor may have the right to appeal to the court to modify the youngster support arrangements if there is a change in his/her situation and it affects the payments. If the trouble in paying the support is due to a hardship, then he/she may be able to convince the judge to modify the kid support. However, the final decision will have to be taken by the judge. In most situations, the youngster support may not be terminated completely. However, the amount that is paid may be reduced. Once this is done, a status hearing may be held 60 to 90 days later in order to make sure that the person is looking for a job. The court may almost never postpone or terminate kid support. But if the situation is not informed to the court, then one may start accumulating the youngster support payments.

A person is expected to pay $120 per week as child support. He/she has not made any payments since his/her release from jail and the payments have accumulated to a total of $6000. How can one fight this situation legally?

If the obligor was in jail, then a kid support enforcement action may be pending against him/her. If the obligor has found a job and works somewhere, then the CSE may garnish his/her wages for the payment of youngster support. However, if the person does not have a job and refuses to find one, he/she may go back to jail.

Is it possible for an obligor to get the amount that is paid in alimony and child support reduced of he/she chooses to remain unemployed or underemployed and lives with his/her fiance?

In a situation like above, if the person does not seek a job or is underemployed by his/her own will, then the court may not reduce his/her obligations to pay the alimony and adolescent support.

The father of a child is asked to pay child support. However, the father does not make the payments and gets sued by the spouse. The father has been living a life below the line of poverty while the ex-spouse belongs to a wealthy family. In such a situation, would it be possible for the father to terminate the remaining obligation to pay the child support?

If the father of the child is not able to make the child support payments, he/she may request the court to modify the child support arrangements depending on his/her income. However, in most of the situations, the decision will be completely at the discretion of the judge.

Obligors have legal obligations and hence can get into serious trouble if they miss out on payments that they are legally required to make. Hence if you have any questions about obligors and their duties, you may ask a family lawyer for further information to ensure you do not violate the law.

by: MeghanJones




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