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Tips On Dealing With Back Child Support Arrears

There are several real life instances wherein a parent falls behind on his monthly child support payments due to various factors, resulting in the accumulation of a hefty back child support debt. Due to the enormous interest on the unpaid amount, the debt culminates into a huge sum which the parent finds extremely difficult to clear.

In most cases, the court of law takes stringent action against such defaulters.  However, if you have genuine reasons for not being able to pay the monthly support for your child, you can follow a few guidelines of dealing with the back child support debt.

  • In case, you find out that the balance calculated for the back child support is erroneous, you can file for its re-evaluation with the court of law. For such a petition you will be require to furnish the receipts or proofs of payments made in lieu of the child support.
  • You can get up to 90% of you back child support arrears reduced through the Compromise of Arrears Program designed by the state of California to address the grievances of eligible non custodial parents. The reduction in the interest and arrears will be calculated on the basis of the individual parent’s assets and regular income. Depending upon the individual case, the parent will be required to pay off the debt in either a lump sum or in fixed installments over a period of time.
  • Although, bankruptcy cannot be cited as a reason for reduction of the back child support of an individual in the California courts, there are ways of getting the interest portion waived off. If the parent still has a job that will aid in paying off the debt within the next five years, the court of law can order a complete waiver of the interest applicable on the dues.
  • A parent has the right to file for a petition for ‘equitable forgiveness’ under which he will be exempted from making the back child support payments, in the event that the child was living with the former during the period of debt accumulation.
  • You can also negotiate a settlement with your spouse, which waives off your back child support payment in exchange for a lesser bulk payment to the latter.

If you face any support dues related problems, you should immediately consult your attorney and try to deal with the issue before it becomes too complex to resolve.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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