Terminating child support arrears refers to ending the obligation to pay the past-due amount, and should not be mistaken for getting child support arrears dismissed, which refers to having the debt canceled or waived by the court.
In other words, termination of child support arrears means that the obligation to pay the debt is satisfied, while the dismissal of child support arrears means that the debt is no longer owed. Both concepts can involve legal processes and may require the involvement of the court and/or an attorney.
In this article, we will explore everything about how to terminate child support arrears, including the process and documents required. However, you have to realize that unpaid child support arrears can have a significant impact on the recipient of the child support and the children for whom the support is intended.
How to Terminate Child Support Arrears
In order to terminate child support arrears, individuals must address past-due child support payments. This can be achieved through several options, including negotiating a payment plan with the other parent or the child support enforcement agency, seeking a modification of the child support order through the court, or filing for bankruptcy to discharge certain debts including child support arrears.
If you’ve tried the forgiveness program and it didn’t work out, seeking the guidance of a knowledgeable attorney or financial advisor can help determine the best course of action for each individual situation.
ALSO READ: How To Stop Pating Child Support
Understanding your Options for Terminating Child Support Arrears
In order to terminate child support arrears or address past-due child support payments, there are several options available to the obligor. Understanding the benefits and limitations of each option is important in order to make the best decision for your particular situation.
1. Negotiating a Payment Plan
Negotiating a payment plan is a viable option for addressing past-due child support payments. This process involves reaching an agreement with the recipient of the child support on how the past-due amount will be repaid.
This section will cover the steps involved in negotiating a payment plan as a way to terminate child support arrears, the advantages of this option, and important considerations to keep in mind.
Explanation of the process
Negotiating a payment plan involves reaching an agreement with the recipient of the child support on how the past-due amount will be paid.
– This process is typically less formal than going through the court and can often be completed without legal representation.
Steps for negotiating a payment plan
– Contact the recipient of the child support to discuss the past-due amount and your desire to repay it.
– Propose a payment plan that is feasible for your financial situation and that the recipient of the child support is willing to accept.
– If an agreement is reached, put the terms of the payment plan in writing and ensure that both parties have a copy.
Advantages of negotiating a payment plan
A payment plan can be a less formal and less expensive option for addressing past-due child support payments.
– Negotiating a payment plan can also help to maintain a positive relationship with the recipient of the child support.
Considerations
– It is important to be realistic about your financial situation and to propose a payment plan that is feasible.
– It is also important to ensure that the payment plan is legally binding and that the terms are enforceable in case of default.
2. Seeking a Modification of the Child Support Order
Seeking a modification of the child support order is another option for addressing past-due child support payments. This process involves filing a motion in court to change the existing child support order.
This section will provide an explanation of the process, the reasons for seeking a modification, the steps involved in the process, the advantages of this option, and important considerations to keep in mind as you seek to terminate child support arrears.
Explanation of the process
Seeking a modification of the child support order involves filing a motion in court to change the terms of the existing child support order.
– This process typically requires legal representation and a court hearing.
Reasons for seeking a modification
The obligor’s financial situation has changed, making it difficult to pay the existing child support amount.
– The recipient’s financial situation has changed, making it possible for them to receive a higher child support amount.
– The child’s needs have changed, requiring an adjustment to the child support amount.
Steps for seeking a modification
– Consult with a legal professional to understand your rights and obligations.
– File a motion in court to request a modification of the child support order.
– Attend the court hearing and provide evidence to support your request for a modification.
Advantages of seeking a modification
A modification of the child support order can provide a more permanent solution to the issue of past-due child support payments.
– A modification can also ensure that the child support amount is in line with the current financial needs of both parties and the child.
Considerations
The process of seeking a modification can be lengthy and costly and may require legal representation.
– It is also important to consider the potential impact on the relationship with the recipient of the child support.
3. Filing for Bankruptcy
Filing for bankruptcy is a legal process that allows individuals seeking to terminate child support arrears to discharge certain debts, including child support arrears.
– It is important to note that while filing for bankruptcy may provide relief from child support arrears, it does not relieve the obligation to pay current child support payments.
Types of bankruptcy and their impact on child support arrears
– Chapter 7 bankruptcy: This type of bankruptcy may provide a discharge of child support arrears, but does not provide a payment plan for repaying the arrears.
– Chapter 13 bankruptcy: This type of bankruptcy allows for a payment plan to be established to repay child support arrears over a 3-5 year period.
Steps for filing for bankruptcy
– Consult with a bankruptcy attorney to determine if bankruptcy is the right option for you.
– Complete and file the necessary bankruptcy forms and schedules.
– Attend a meeting of creditors, also known as a 341 meeting.
– Receive a discharge of eligible debts, including child support arrears.
Advantages of filing for bankruptcy
– Filing for bankruptcy can provide immediate relief from the stress and financial burden of past-due child support payments.
– It also provides a mechanism for repaying the arrears through a payment plan.
Considerations
– The process of filing for bankruptcy can be lengthy and costly and may require legal representation.
– Filing for bankruptcy may also have a negative impact on credit scores and future borrowing ability.
Conclusion
Termination of child support arrears is a complex process that requires a thorough understanding of the options available. Whether through negotiating a payment plan, seeking a modification of the child support order, or filing for bankruptcy, it is important to consider the specific circumstances and goals of each case.
