The divorce process is never easy, especially when the two parties have children. It can affect both of them and their children as the court will order that the parents, even when others are separating, continue fulfilling their legal obligation by making monthly payments known as child support to support their minor children. This money will go toward taking care of basic needs such as food, clothing, and housing.
The state has its own guidelines for child support, which provides a formula and framework used to calculate child support. Basically, both parents’ annual gross income is used, and the court, based on each situation, will consider certain factors before issuing some directives for the payment. Here is a guide on everything about how to get child support arrears dismissed
Waiving back Payments owed to a Parent
In some instances, the court of law may decide to waive some or what the entire parent has to pay for the child support. However, depending on each scenario, both parents need to cooperate. When you follow them with your ex-spouse, the below steps can help you file for a waiver in court.
Come up with an agreement that satisfies both parents
One parent who has some arrears can make an offer to pay a share of the back support they owe in exchange for the other parent to agree to waive all the remaining balances that are due. However, even if both parties come to a consensus on terms, only the court has a final say and can approve the waiver that is owed for the child support.
Put your Agreement in Writing
The two parents need to come to an agreement, and once they have resolved their part, they have to document it in writing and file it correctly with the court to consider their request. It would be best to find out if your state has any other additional requirements, such as having the agreement certified or signing the deal in front of a witness.
Wait for the Courts Outcome
After the submission for waiver is filed in court, the court will then engage in a balancing test to see if waiving past due payment by a parent is in the child’s best interest in the equation. Often, suppose the parents have followed the right process and come to an agreement and their explanation regarding why they failed to pay for their support is reasonable and related to unavoidable circumstances. In that case, the court will then sign off on the agreement.
However, if the court feels that there is a fundamental unfairness in the agreement and which may not be suitable for the child feels welfare needs, or that it was signed under duress, they may revote that agreement and not sign it.
Waiver of child support that is owed to the State
Each state has its own law that governs child background support. However, if a family is getting public assistance in each state, the state will collect the entire payment and use it to reimburse it for the cost of the public assistance. In such circumstances, the parent will be barred from agreeing with the State to waive back the payment they owe the State.
In such circumstances, a parent who has arrears needs to engage with the state to negotiate for a waiver. The good thing is that many states have help available online, so that parents who want to settle their debt for any amount they owe have to do so provided they can meet certain conditions that the court requires.
If you are a parent and your child support builds up, follow these two processes to protect yourself and your child.