You may be eligible to have your California child support arrears or California spousal support arrears reduced or eliminated.
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Child Support Arrears
Child support arrears occur when one parent falls behind on their child support payments. In California, the noncustodial parent who pays child support may be eligible to apply for a reduction of past-due child support arrears they may owe. The debt that is owed to the State of California because of one of the following:
- The state supported the family who had a dependent children;
- There is or was a child support case in which child support arrears accrued;
- A child received public assistance (commonly known as welfare);
- A child was placed in foster care.
Those who may qualify, will be able to offer a compromise repayment to the state. By reviewing your current assets and income, the non-custodial parent may be able to offer to pay an amount that is less than the full amount owed. Arrears 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.
Child Support Arrears Compromise
Any compromise agreement for child support arrears 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. Should you qualify, you may be able to:
- Have the entire debt forgiven;
- Change the monthly child support amount;
- Reduce payments of child support arrears.
To qualify, you must be current on all support payments and provide complete information (with supporting documents) 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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