What You Need to Know About Getting Child Support Arrears Dismissed in California
Child support arrears refer to the amount of child support owed that a parent has failed to pay. Although failure to pay child support arrears can result in negative outcomes for a parent/guardian, it is possible to work with California courts to have owed amounts lessened or waived. Here’s how to get child support arrears dismissed in California.
Dismissal of child support arrears is possible in the State of California when the proper steps are taken. Although it is unlikely that the full amount owed will be forgiven, there are ways to reduce the amount greatly.
Related: Child Support Arrears: CA Family Code 17560
Consequences of Failing to Pay Child Support Arrears
If a parent or guardian has failed to pay child support arrears, they may face serious consequences. These include but are not limited to:
- Having wages suspended by the government to pay the court obligation. This can not only include one’s salary, but the wages that are suspended can also include social security, unemployment, disability, workers’ compensation, and tax refunds.
- It is possible for a parent/guardian to be charged with a misdemeanor if that parent/guardian has willingly failed to pay the owed amount of child support arrears.
- Failure to pay child support arrears can result in the revocation of the parent’s/guardian’s driver’s license.
- An increase in child support payments may result from missed payments towards child support arrears.
- Any state professional license obtained by the parent/guardian can be suspended.
- The parent/guardian may be refused a renewal of their passport if they fail to pay their child support arrears.
- Credit score can be negatively impacted due to the debt accrued by the child support payments.
- The state can order a lien against any property owned or have interest in.
Related: Back Child Support Laws in California
Child Support Arrear Forgiveness in California
Although the consequences are severe, child support arrears can be forgiven in the State of California. There are multiple ways in which a parent can have their child support arrears waived or forgiven:
- Parents are allowed to ask the court to recalculate the amount owed to make sure that it is correct.
- If a child lived with a parent for a period that the arrear is referencing, the judge may lessen the amount owed. This will often depend on the amount of time the child spent under the parent’s care and how much financial support was given during this time.
- In California, child support arrears gain an interest of 10% annually. Although child support arrears do accrue interest, one may not have to pay it all back in some cases.
- A parent can request a payment schedule from the court. Although this does not lessen the amount, it does help the parent get back on track to pay the original balance.
- A parent is allowed to reach a settlement with the other guardian of the child. If the debt from the arrears becomes too expensive, one may be able to reach a lump-sum settlement with the other guardian. It should be noted, however, that even if both guardians reach an agreement to waive the remaining child support arrears, this settlement must be approved by the court.
California courts will work with parents/guardians to pay the correct amount of child support on time.
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If you or a loved one have any more questions about how to get child support arrears dismissed in California, contact us. Get your free consultation with one of our experienced Child Support Attorneys today!