Imagine losing your job and beginning to fall behind on child support payments. You want to make things right, but with the debt growing, you aren’t sure if there is any way out. You may even ask aloud, can my child support arrears be forgiven?
The quick answer is yes—forgiving child support arrears in Texas is possible. That said, it’s important to know that the Court takes child support very seriously. In fact, the consequences for not paying child support can vary from wage garnishments to jail time. And if you fall behind in any way, the Court is more likely to reduce or restructure existing payments to meet your financial limitations while still expecting you to catch up on those back payments.
Simply put, forgiving child support arrears is possible, but it’s extremely rare and must meet certain conditions.
Conditions to Forgive Child Support Arrears in Texas
Forgiving child support arrears generally requires cooperation from both parents and Court approval. Below are a few specific situations where the Court may consider forgiving past-due payments.
- Both Parents Agree — If the parent owed the support agrees to forgive the arrears, they can request that the Court reduce or clear the debt. Courts will typically approve this if they believe it serves the child’s best interest.
- Financial Hardships — If the paying parent can prove their circumstances have drastically changed (losing their job, becoming disabled, or suffering from a serious illness), the Court may consider reducing or forgiving the debt.
- Good Faith Efforts — The Court might also consider how long the arrears have been building and whether the parent owing support has made any effort to pay part of what’s due or cover other child-related costs. It’s important to understand that these arrears are difficult to forgive, regardless of good faith efforts.
Needless to say, getting child support arrears forgiven in the state of Texas isn’t easy and requires a strong case. After all, the best interests of a child are at stake. That said, life is fluid, and it’s not uncommon for one or both parents to fall on hard economic times after a divorce. It’s essential to consult with a competent family law attorney to help present your best case effectively and ensure the best possible outcome for your request.
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