Parents Need to Determine the Reasons why One Parent May Be in Arrears:
As each child support case is different, the reasons for being in arrears are not the same for everybody. However, there are some common reasons why many of these back payments are in arrears. For instance, some parents may be behind because they lost their employment during very harsh economic times or a parent may be behind in their monthly amounts because of illness or sickness that they have endured over a period of time. In either event, there are usually a number of different reasons why an individual may not be up to date in the child support payments that they are required to pay.
The Legal Process of Requesting a Dismissal Needs to Be Research:
If you are a parent that would like to request a dismissal of the child support that is in arrears, you need to know the laws of your state that govern this part of child support. In some states, this process may be simple, while in other states the entire process may be long and complex. Therefore, you need to research the legal options available to you.
Cooperation Between Both Parents is Essential:
Now that you know a little bit more about the reasons why child support payments are in arrears, you can begin to find different ways to lift the financial burden that these problems have created. For instance, one of the first things that you need to know is that dismissing child support arrears is possible. Before any of this can happen, however, both parents must be in agreement. For instance, if the parent that is in arrears can offer a lesser payment amount to the parent that they owe, the negotiations for the dismissed debt payments can begin.
Submit Legal Documentation for the Dismissal of Arrears in Writing to the Courts
Once these negotiations are agreed upon, the couple will need to document this payment agreement in writing before the court will allow the forgiveness of the owed debt. Here are some of the basic steps that are needed to present it in court before a judge to decide.
The term that has been agreed upon by both parents has to be documented in writing. In some cases, the offer that the parent makes is to pay a portion of the back payment amount. Simply stated, you may call this part of the negotiation a settlement based on the compromise in terms between both parents.
After an official document with the terms of the agreement has been put in writing, this agreement may need to be notarized. For instance, both parties to the agreement must sign the terms that have been negotiated. This document must be notarized by a witness to this part of the process. To make sure this document meets the requirements of that particular state, this information must be researched in advance.
Court Decision Needed to Settle/Approval Payment Options
This is a legal document that has to be submitted to the courts for approval to waive the arrears amount. If this settlement is in the interest of the child, the court will sign off.
Remember, the information provided in this post is for informational purposes only and should not be viewed as legal advice. As always, we recommend that you contact a Family Law attorney located in your city or state to learn more about how the dismissal of arrears process works in your state or to see if a dismissal is possible.