How to get child support arrears dismissed – Basic terminology
Before explaining how to get child support arrears dismissed you need to understand the basic terminology.
“Child support arrears” is the unpaid over periods of time child support which the court ordered a parent to pay.
Some other terms you may have heard of are “arrears” and “back support”. In legal discussions the terms – arrearage or arrearages are used.
Child support arrears include the amount which was not paid and interest on the accumulated amount.
How to calculate child support arrears
Before planning a strategy how to get child support arrears dismissed, you also need to be aware how to calculate support arrears.
Generally, the interest starts to accumulate after the first payment is missed. However, in Department of Child Support enforcement cases, under family Code 17433.5, interest starts to accumulate on the first day of the month after payment was missed.
Interest accumulates at a legal rate, it can be very high and often exceeds the amount of payments originally owed.
The receipt of benefits by someone on the child’s behalf from Social security, Department of Veterans’ Affairs, federal programs by reason of the support obligor’s disability or retirement may be credited toward the obligor’s court-ordered child support obligation.
Two types of child support arrears.
In order to understand how to get child support arrears dismissed, you have to be clear that there are two types of arrears you might be dealing with.
1. Money that government already paid for your child support to the custodian parent. This is the amount that the parent in custody of the child has already received from public assistance. The second is the amount owed to custodial parent.
2. You can deal directly with a custodial parent to waive or forgive part or all arrears owed to her/him.
In many instances, a custodial parent can agree to waive past due child support because the obligor has made an offer to pay a portion of the past due support in exchange for the custodial parent waiving the remaining balance.
When you are dealing with the first type of arrears, the arrears handled by the government, there are different strategies that may be used. However, the department of child support has strict procedures and policies you have to follow.
We cannot explain in detail here how to get child support arrears dismissed when you are dealing with child support services. In brief, you have to follow those steps : application, arrears repayment calculation, approval of compromise, repayment schedule, tracking payment and compromise adjustment.
There are certain eligibility criteria you need to meet if you are considering how to get child support arrears dismissed in order to qualify for a reduction program.
In order to start the process how to get child support arrears dismissed , you need income and expense declaration FL-150 with attachment to prove your identifiable income, Compromise of Arrears information letter, Arrears information Sheet and Documentation checklists.
Be sure that when we are addressing how to get child support arrears dismissed, we are hoping to get a best outcome in dismissing the bid porting of your past due child support, not a dismissal of total amount.
To understand the course for potentially seeking a child support arrears dismissed, in essence, very concrete and multiple kinds of research are required to grasp the complicated sense of family law and be aware of the numerous legal proceedings and necessities set by state jurisdictions. Considering that the child support arrears are impacting greatly not only the obligor (the parent bound to pay) but also the obligee (the other parent to whom the payment should be given), an amicable resolution may be salient for the two parties.
Strategies for Managing Child Support Arrears 1. Negotiation: It may be entered into a negotiation with the custodial parent that the payments will be reduced or a lump sum settlement will be agreed upon to be tendered in exchange for the waiver of the remaining balance.
It’s essential to formalize any agreement through the court to ensure that it is legally binding and recognized.
2. State Compromise of Arrears Programs: Most states have programs that allow the compromise of child support arrears, especially for those owed to the state as a result of public assistance provided for the child. Such programs usually require the obligor to be struggling financially with and meet criteria for eligibility. 3. Modification of Child Support Orders: When there is a major change of conditions, such as decrease or loss of income, then it allows an obligor to make application to a court for modification of future orders concerning the support of the child.
While that does not wipe out existing arrears, it can prevent further arrears under the original order from accruing.
4. Legal Help: A family law attorney is supposed to consult with the timely advice about available options and the best course in individual cases. Legal representation will help direct the obligor through the legal system, prepare all the necessary papers properly, and represent him in the course of negotiations or court hearings.
Essential Documents and Information
When seeking to address child support arrears, preparing the necessary documents is crucial. These may include:
FL-150 Income and Expense Declaration: The form in this caption provides in-depth financial information about an obligor and is requisite in any negotiations of arrears or petitions regarding modification of the support order.
– Arrears Compromise Program Application: This program begins the process of reducing arrears under the unique details of the individual state. * Supporting Financial Documentation: Proof of either reduction of arrears or modification of the support order will be taken from proof of income, expenses, and other contributory factors to financial hardship for the obligor.
Legal and Ethical Considerations The issue of arrears on child support should be addressed with due consideration given to both the legal and ethical points of view. Child support has been programmed to assure the welfare of children, and hence efforts at handling arrears should not take precedence over the needs of the child.
Any agreement or court action will be in the best interest of the child primarily and will consider financial realities that can be met by an obligor.
Conclusion
While it is very rare and difficult to get child support arrears completely dismissed, there certainly are avenues to help manage or at least possibly reduce arrears. The person should surely seek legal advice and, more importantly, take the necessary legal steps: be it direct negotiation, participation in state compromise programs, or petitioning for a modification of the child support order. This may in the process help to reach a compromise that brings balance between the needs of the child and the financial capability of the obligor, hence making the situation a little more manageable for all parties involved.
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