How to waive or forgive a portion of child support arrearages in AZ

[julesjag1]

For various reasons, my ex has accrued significant child support debt. At his current pay, the maximum that is withheld from his pay does not even cover the interest on his debt. So he is getting further and further behind while paying the maximum allowed based on his income.

I am no saint, but I can see a disincentive for him to continue to pay the support if he can't even cover the interest. I contacted the Division of Child Support Enforcement in AZ and they vaguely said that "the State cannot forgive" any of the arrearages. None of the arrearages are owed to the State TANF agency.

Can I forgive a portion of the arrearages? If so, does anyone know what portion and how I might go about it? About 40% of the debt is accrued interest.

Thank you in advance for any help you can provide.

 

[Isis1]

For various reasons, my ex has accrued significant child support debt. At his current pay, the maximum that is withheld from his pay does not even cover the interest on his debt. So he is getting further and further behind while paying the maximum allowed based on his income.

I am no saint, but I can see a disincentive for him to continue to pay the support if he can't even cover the interest. I contacted the Division of Child Support Enforcement in AZ and they vaguely said that "the State cannot forgive" any of the arrearages. None of the arrearages are owed to the State TANF agency.

Can I forgive a portion of the arrearages? If so, does anyone know what portion and how I might go about it? About 40% of the debt is accrued interest.

Thank you in advance for any help you can provide.

i'm sure the state could, they just won't. with good reason.

since you were never on state assistance, dad could file a request to audit, file for a modification to waive the past interest (or whatever amount you want to waive) and then when you get to court, the judge asks you if you agree, you say, "yes, your honor". they enter the order and the arreages disappear.

 

[meanyjack]

Or you both can come to an agreement and file a Agreed Judgment Entry with the court and ask the court to sign off on it.

Julesjag -- you have to understand why the state won't. The parent(s) would have to do something like that.

 

[hearts41]

Yep you can. That is exactly what I did years ago. x husband and I drew up a legal document, had it signed, notarized, presented to the courts, judge signed it and it became part of our file, having the clerks office/CSE actually adjust the account took sometime but eventually they did it.
I did not forgive the entire arrears though, that your decision of course. I wanted to help him out but at the same time recognized it was my kids money too, in the sense that what he paid went to them.

 

[julesjag1]

Thank you for your insight. Your answers were very helpful.