How To Get Child Support Arrears Dismissed In Florida
For many single parents in Florida, child support payments are a vital source of income. Unfortunately, there are times when the non-custodial parent refuses to pay, leading to child support arrears. In such situations, the custodial parent has the right to take legal action, but sometimes even after taking legal action, the child support arrears grow. This article explains how to get child support arrears dismissed in Florida.
What Are Child Support Arrears?
Child support arrears are the amount of child support payments that the non-custodial parent owes but has not paid. Arrears can accrue for different reasons, such as:
- Non-payment
- Under-payment
- Over-payment
- Late payment
- Refusal to pay
- Modification of child support order not reflected in payment.
How To Get Child Support Arrears Dismissed In Florida
If the non-custodial parent owes child support arrears for any reason, the custodial parent can take legal action through the Florida Department of Revenue (DOR) or hire an attorney to represent them. Additionally, the custodial parent can take specific steps to have the child support arrears dismissed.
Child Support Order Modification
One way to get child support arrears dismissed is to request a modification of the child support order. Typically, the custodial parent can request a modification if their financial situation has changed, and they need more financial support to support the child. Similarly, if the non-custodial parent’s financial situation has worsened, they can request a modification to reduce their child support payments. This modification can help dismiss child support arrears.
Court Order To Forgive The Arrears
Another way to rid yourself of child support arrears is to seek a court order forgiving the arrears in the child support case. Voluntary payments can show willingness on the part of the non-custodial parent to repay the debt. Achieving this requires an agreement and consent from all parties involved, typically the custodial parent, non-custodial parent, and a judge.
Request Remission of Arrears
The custodial parent may request the DOR to consider a remission of arrears, based entirely on specific circumstances within an case in Florida. Based on several predicament factors, DOR may remit or forgive the arrears in some cases or instead provide a repayment program to help the non-custodial parent pay the arrears.
Settle the Arrears
The non-custodial parent has the option of negotiating a settlement to pay off the arrears rather than the amount paid while obtaining support. This payment arrangement may include an agreement to pay the entire sum at once or by installment payments for a specified period or until the child turns eighteen.
FAQs
How Do Child Support Arrears Accrue?
Child support arrears can accrue due to non-payment, under-payment, late payment, refusal to pay, among other reasons.
Is The Non-Custodial Parent Required To Pay Arrears?
Yes, the non-custodial parent is responsible for paying child support arrears. Once the court orders payment for child support, they must pay in full.
Can I Modify My Child Support Order to Dismiss Arrears?
Yes, you may request a modification of your child support order. In some cases, a modification can help reduce or dismiss child support arrears.
How Can I Request A Court Order Forgiving Child Support Arrears?
In Florida, you must follow specific procedures to request a court order forgiving child support arrears. Typically, you’ll need an agreement and consent of all parties involved, who are typically the custodial parent, non-custodial parent, and a judge.
Can DOR Remit Child Support Arrears?
Yes, DOR can consider remission of arrears based on specific circumstances within the case in some cases.
Can I Settle Child Support Arrears?
Yes, the non-custodial parent has the option of settling child support arrears by negotiating a payment plan or arrangement with the custodial parent.
What Happens If I Don’t Pay Child Support Arrears?
If you don’t pay child support arrears, the custodial parent can report you to the Florida Department of Revenue and seek legal enforcement action against you. Legal action may include wage garnishment, property seizure, driver’s license revocation, etc.
Conclusion
Child support arrears are a common problem for many custodial parents, but you can take action to potentially dismiss or reduce the arrears. If you are experiencing difficulties with child support payments, you should seek help from a qualified attorney or visit the Florida Department of Revenue website to learn more about child support enforcement. By taking proactive steps, you can protect your child’s financial future and secure the income needed to provide for their day-to-day living expenses.