Are you facing overwhelming child support arrears that seem impossible to repay? The weight of this financial burden can be crushing, leaving you feeling trapped and hopeless. However, there is a glimmer of hope amidst the despair. It is possible to get child support arrears dismissed, granting you a fresh start and a chance to move forward without the weight of the past.
The first step towards getting child support arrears dismissed is to understand the various grounds on which such a request can be made. One common ground is financial hardship. If you can demonstrate that you have made diligent efforts to pay your child support obligations but have been unable to do so due to unforeseen circumstances, such as job loss or medical expenses, the court may be willing to reduce or even eliminate your arrears. Additionally, if you can prove that the current child support order is excessively high and is causing you undue hardship, the court may also consider modifying the order.
Another avenue for getting child support arrears dismissed is to argue that there has been a material change in circumstances since the original order was entered. For example, if you have lost your job or your income has been significantly reduced, you may be able to petition the court to reduce your arrears based on your inability to meet the original payment schedule. Similarly, if the child in question has reached the age of majority or has become emancipated, you may be able to request a termination of your child support obligation. The court will consider all relevant factors in determining whether to grant your request.
Proving Inability to Pay
Demonstrating your inability to pay outstanding child support is crucial for getting your arrears dismissed. There are several factors the court will consider when evaluating your financial situation:
Income and Assets:
The court will closely examine your income, including wages, self-employment income, and any other sources of revenue. Assets such as bank accounts, real estate, and vehicles can also be considered.
Expenses:
The court will assess your essential expenses, such as housing, utilities, food, and medical costs. Maintaining a reasonable standard of living for yourself and any dependents will be taken into account.
Health and Disability:
If you have a disability or ongoing health condition that prevents you from working or earning a sufficient income, this may be considered a valid reason for your inability to pay.
Exceptional Circumstances:
The court may also take into account extraordinary circumstances that have hindered your ability to earn income. These could include job loss, severe illness, or a natural disaster.
Cooperation with Child Support Enforcement:
The court will consider your cooperation with child support enforcement efforts. Failure to cooperate, such as hiding income or assets, may work against you.
Table: Factors Considered in Proving Inability to Pay
| Category | Factors |
|---|---|
| Income & Assets | Wages, self-employment, bank accounts, real estate |
| Expenses | Rent/mortgage, utilities, food, medical care |
| Health & Disability | Illness, injuries, physical or mental limitations |
| Exceptional Circumstances | Job loss, illness, natural disasters |
| Cooperation | Compliance with child support enforcement |
How To Get Child Support Arrears Dismissed
Child support arrears can be a major burden for parents who are struggling to make ends meet. If you are behind on your child support payments, you may be wondering if there is any way to get the arrears dismissed. There are a few options available, but they will vary depending on the specific circumstances of your case.
One option is to file a motion with the court to have the arrears dismissed. This motion must be filed within a certain time frame, and you will need to provide evidence to support your request. The court will then consider your motion and make a decision.
Another option is to negotiate with the other parent to have the arrears reduced or forgiven. This can be a good option if you are able to come to an agreement that is fair to both parties.
If you are unable to get the arrears dismissed or reduced, you may have to pay them off over time. There are a number of different ways to do this, and you should work with your child support agency to find the best option for you.
People Also Ask
How long do I have to pay child support arrears?
The length of time that you have to pay child support arrears will vary depending on the laws of your state. In some states, you may have to pay arrears until your child reaches the age of 18, while in others you may have to pay until your child reaches the age of 21.
What happens if I don’t pay my child support arrears?
If you don’t pay your child support arrears, you may face a number of consequences, including wage garnishment, liens on your property, and even jail time.
Can I get child support arrears forgiven?
It is possible to get child support arrears forgiven, but it is not easy. You will need to file a motion with the court and provide evidence to support your request. The court will then consider your motion and make a decision.
