Child Support Waiver Attorneys
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What Is Child Support?
Child support is money that a non-custodial parent is legally required to pay to the parent who retains primary custody. The money is intended to be financial support for the child. Due to various reasons, some parents may owe retroactive child support or child support arrearages to either the custodial parent or to the child.
What Is Retroactive Child Support?
Retroactive child support refers to any unpaid child support that is intended to cover the time period before the court issue a formal child support order. The time period covered may begin as soon as the child is born or the parents divorce and may last until the child reaches the age of majority if the court has not ordered child support before then.
What Are Child Support Arrearages?
Child support arrearages are any payments that the non-custodial parent failed to pay after a permanent child support issue was ordered. They are also known as child support arrears.
Can I Avoid Paying My Arrearages?
Yes, a non-custodial parent may be able to avoid paying child support arrearages and/or retroactive child support if they are able to obtain a child support waiver.
What Is a Child Support Waiver?
A child support waiver is a court order providing relief the non-custodial parent of making back payments. It can only be obtained if the custodial parent agrees waive their right to the owed support. The agreement may occur because the:
- Custodial parent is financially capable of supporting the child without having the arrearages
- Non-custodial parent makes an offer to pay a portion the arrearages in exchange for the custodial parent waving the rest of the back support
- Custodial and non-custodial parents have reunited, living together, and sharing expenses
Do I Need Approval from the Court?
Yes. A non-custodial parent seeking a waiver of arrearages needs to file a waiver motion with the court. In the motion, the custodial parent will include the agreement reached with the non-custodial parent. Both parents must sign the motion.
Is the Waiver Automatically Approved?
No. The court investigates the agreement to determine if allowing the owed support to be waived is in the best interest of the child. If the court finds the custodial parent can financially support the child without the back payments, then the waiver will be most likely be approved.
Do I Need the Help of an Attorney?
Obtaining a waiver for owed child support is a difficult process. Therefore, you should contact a family law attorney to assist you in filing for a child support waiver. An attorney can answer any questions you may have about the waiver and help persuade the judge to grant the waiver.
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Last Modified: 12-28-2015 02:42 PM PST
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