A New Beginning—Part 9
Marcus sat at his kitchen table, staring at the pile of unopened letters from the child support enforcement agency. He had been avoiding them for weeks, knowing he couldn’t afford the payments but unsure of what to do. With a deep breath, he finally opened the most recent envelope.
The letter inside detailed the amount overdue and threatened legal action if he didn’t make an immediate payment. Marcus felt a wave of panic wash over him. He wanted to support his children, but his current income barely covered his basic living expenses. Overwhelmed and unsure of his options, Marcus realized he needed legal help.
Seeking Legal Assistance
Marcus remembered a flyer he had seen at the community center advertising free legal aid services. He called the number and was relieved to learn he qualified for assistance based on his income. The receptionist scheduled him for an intake appointment the following week.
At the legal aid office, Marcus met with an attorney named Sarah who specialized in family law. She listened patiently as Marcus explained his situation:
- He had fallen behind on child support payments during his incarceration.
- His current job didn’t provide enough income to cover the full monthly payments.
- He wanted to support his children but feared legal consequences if he couldn’t pay.
Child Support Modification
Sarah explained that Marcus had options for addressing his child support situation:
- Modification of child support order: If Marcus’s financial circumstances had changed significantly since the original order was issued, he could petition the court for a modification.
- Payment plans: In some cases, it’s possible to negotiate a payment plan for the outstanding amount with the child support enforcement agency.
- Debt compromise programs: Some states offer programs to reduce child support debt for parents who meet certain criteria.
Marcus Takes Action
With Sarah’s guidance, Marcus took the following steps:
- Gathered financial documentation: Marcus collected pay stubs, tax returns, and a detailed budget to demonstrate his current financial situation.
- Filed for modification: Sarah helped Marcus prepare and file a petition to modify his child support order based on his changed circumstances.
- Requested a hearing: They requested a court hearing to present Marcus’s case for modification.
- Negotiated with the agency: While waiting for the hearing, Sarah reached out to the child support enforcement agency to discuss potential payment plans for the outstanding amount he incurred while incarcerated.
Marcus Prepares for Court
Sarah worked with Marcus to prepare for his court appearance:
- They role-played and practiced explaining his situation clearly and concisely.
- Marcus gathered character references from his employer and reentry program coordinator.
- They prepared a proposed modified payment plan that Marcus could realistically afford.
The Hearing
At the hearing, Marcus presented his case to the judge:
- He explained his current job situation.
- He demonstrated his commitment to supporting his children within his means.
- He presented his proposed modified payment plan.
The judge considered Marcus’s changed circumstances and his genuine desire to fulfill his parental responsibilities. While not eliminating the amount in arrears entirely, the judge agreed to:
- Modify the current support order to an amount in line with Marcus’s current income.
- Approve a reasonable payment plan for the outstanding amount.
- Suspend certain enforcement actions if Marcus adhered to the new plan.
Moving Forward
With the modified order in place, Marcus felt a weight lift from his shoulders. He could now make regular payments, without sacrificing his basic needs or risking legal consequences. More importantly, he could continue rebuilding his relationship with his children without the constant stress of unmanageable debt.
Sarah provided Marcus with information on free budgeting workshops and encouraged him to stay in touch if he encountered any issues with the new arrangement. She also reminded him to document all payments carefully and to request a modification if his financial situation changes again in the future.
Marcus felt a renewed sense of hope. With the right legal aid and resources, he was one step closer to achieving stability and fulfilling his responsibilities as a parent.
Sign up for email alerts below to receive the next article as Marcus takes a crucial step to find a reentry mentor. Remember to download our free Get Started Workbook for more information on legal aid and other reentry resources.
