How do I Pay Past-Due Support After Jail?

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I was served with support papers but I ignored them because I was in prison. Now I am out and I owe a lot of money. What can I do?

  • You may not be able to cancel (or "set aside") a judgment if you were served Opens new window correctly. There may be some exceptions, but it is a complicated problem – especially if the judgment is more than 6 (six) months old.

  • Contact the Family Law Facilitator’s Office or a lawyer for help as soon as possible. Remember: you must act as soon as you find out about the default or judgment!

  • If you are currently incarcerated, you can write to the Facilitator’s Office and ask them for assistance. Include as much information about your case as you have, such as your name, your former spouse or partner’s name, and your court docket (case) number.

If you can't get the judgment set aside, there are other things you may be able to do. (Ask the Family Law Facilitator for help.)

  1. You can file a motion Opens new window asking the court to change the support based on how much money you make now.

  2. You can also ask the court to set a monthly payment so you can repay what you owe for past support (called "arrearage") in installments.

NOTE: The spousal or partner support order will stay in effect even if you have no income -- or less income -- unless you ask the court to change the order.

  • The court can only change a support amount for future payments, starting from the day you file papers asking for the change. The court will not be able to lower past support amounts.

  • Any back support (arrearage) will include interest, which is currently 10% per year. This can add up to a lot of money.

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