Seeking a reduction in California child support arrears, also known as back child support? Consider a modification to reduce or eliminate child support you may be paying.
Arrears, also known as “back child support” is the amount of unpaid child support owed by a noncustodial parent. Arrears (or arrearage) is a legal term for the part of a debt that is overdue after missing one or more required payments. The amount of the arrears is the amount accrued from the date on which the first missed payment was due.
In California, the noncustodial parent may be eligible to apply for a reduction of back child support payments they may owe. This debt is owed to the State of California because the state supported the family while the dependent children were on public assistance (commonly known as welfare) or in foster care.
Those who may qualify may be able to offer to pay an amount that is less than the full amount owed. Back support may be paid off all at once in a lump sum, or over time in a payment plan, depending upon the circumstances surrounding your case.
Any compromise agreement must take into consideration the needs of the children named in the child support order and the parent’s ability to pay. It must also be in the best interest of the state.
Qualifying for a Reduction
Should you qualify, you may be able to:
- Have the entire debt forgiven;
- Change the monthly child support amount; and/or,
- Reduce payments of child and/or spousal support arrears.
To qualify, you must be current on all back child support payments, and be willing provide information regarding your income and assets.
Once you have received a modification, you must make all future payment to avoid recession; the canceling of the agreement and reverting to prior orders to pay all unpaid balances.
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