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Can A Child Dismiss Arrears?
How to modify child support payments
Article By 901Director
December 31, 2022, 4:58 pm
I once saw a video where the daughter dismissed her fathers child support obligations, and it made me wonder if that was actually possible or if it was just clickbait.
I found a number of ways to change a person's child support payments throughout my study, but one method stood out more than the rest.
First back pay for child support is called being “in arrears”. Additionally for discretion, you must continue paying child support until the child has turned 18 and will owe any missed payments even after the child turns 18, unless your state allows for a change.
Fortunately most states allow for valid reasons to change your child support with the two ways a state or court will modify your child support is: .
- DISMISS some dismiss child support obligations if the child has been "emancipated."
- MODIFY child support obligations after the child turns 18, since the custodial parent no longer needs to support the child
For example,
In Tennessee, child support is not owed after a child is emancipated because emancipation relinquishes the parent’s legal duty to support the child.
In Florida, “Either parent with a child support case can ask the Child Support Program to review their support order to see if the order should be changed. Parents can also file a petition in circuit court to change their support order.”
However, in Georgia there is no way to modify arrears.
So, It is possible for child support arrears to be dismissed, but it depends on the specific circumstances and the laws of the state where the child support order was issued.
In some states, the court may decide to dismiss or reduce the amount of child support arrears if the parent who owes the arrears can show that they have made a good faith effort to pay the arrears and that they are unable to pay the full amount due to a change in circumstances.
For example, if the parent has lost their job or suffered a significant reduction in income, the court may consider this when deciding whether to dismiss or reduce the amount of arrears.
It is important to note that simply not paying child support does not automatically result in the dismissal of arrears.
The parent who owes the arrears must take action to request a modification of the child support order and must provide evidence to support their request. It is also important to note that the court will generally prioritize the best interests of the child when deciding whether to dismiss or reduce child support arrears.
Here are a few specific examples of how child support arrears may be dismissed or reduced in some cases:
- The parent who owes the arrears can show that they have made a good faith effort to pay the arrears, but they are unable to pay the full amount due to a change in circumstances such as a loss of job or a significant reduction in income. In this case, the court may decide to reduce the amount of arrears that the parent owes.
- The parent who owes the arrears can show that the child support order was based on incorrect information and that the amount of child support being paid or owed is incorrect. In this case, the court may decide to modify the child support order and adjust the amount of arrears accordingly.
- The parent who owes the arrears can show that they have already paid the full amount of arrears, but the payment was not credited to their account. In this case, the court may decide to dismiss the arrears and adjust the records to reflect the correct payment status.
- It is important to note that these are just a few examples, and the specific circumstances and laws of the state where the child support order was issued will play a role in determining whether child support arrears can be dismissed or reduced. In all cases, it is best to seek legal advice and assistance in seeking a modification of a child support order.
So, back to the question, “Can a child dismiss arrears?"
It is generally not possible for a child to dismiss child support arrears. Child support arrears are a legal obligation of the parent who owes the arrears and are typically enforced by the court or a government agency responsible for enforcing child support orders. The child is not a party to the child support order and does not have the legal authority to dismiss or waive the arrears.
If the child is over the age of 18, they may be able to request that the child support order be terminated, but this would typically only be possible if the child is no longer a full-time student and is no longer dependent on the parent for support. The court would consider the circumstances and make a decision based on the best interests of the child.
It is important to note that the parent who owes the arrears is responsible for paying the full amount of arrears unless the court orders otherwise. If the parent is unable to pay the full amount of arrears, they may be able to request a modification of the child support order, but the court will consider the best interests of the child when deciding whether to grant the request.
Here is an example of how a child support order may be terminated if the child is over the age of 18:
- The child is no longer a full-time student and is no longer dependent on the parent for support. In this case, the child may request that the child support order be terminated. The court would consider the circumstances and make a decision based on the best interests of the child.
- The child has reached the age of majority (which is generally 18 or 21, depending on the state) and is no longer considered a minor. In this case, the child support order may automatically terminate, unless the child is still a full-time student or is otherwise dependent on the parent for support.
It is important to note that these are just a few examples, and the specific circumstances and laws of the state where the child support order was issued will play a role in determining whether the child support order can be terminated. In all cases, it is best to seek legal advice and assistance if you have questions about a child support order
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