This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Child Support Forgiveness Form California In Nevada
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Multi-State
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US-00004BG-I
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FAQ
You may be familiar with the old Compromise of Arrears Program (COAP), which helped parents reduce child support debt owed to the state. The new program expands eligibility. Only customers with arrears owed to the state qualify for this program.
Although parents can enter into agreements about child support, such agreements must meet the guidelines set by law and receive court approval. This is because the right to receive support belongs to the child—not the parents. Parents can't waive their child's right to support.
If the other parent does not agree to dismiss the child support arrearage, file a motion in court and ask a judge to dismiss the arrearage. Then, ask the judge to schedule a hearing date. At the hearing, you will be allowed to present evidence as to why the judge should dismiss the arrearage.
The good news is yes, child support arrears can potentially be forgiven. You would need to have a joint petition filed along with the other parent though, showing that you are both in mutual agreement and jointly requesting that the arrears be waived or forgiven.
Under California law, the following strategies may be available to address back child support and arrears: Motion to Re-Determine Back Child Support. Compromise of Arrears Program. Suspension of Interest Under Chapter 13 Bankruptcy. Petition for 'Equitable Forgiveness' ... Motion to Set Aside Invalid Court Judgment.
Although parents can enter into agreements about child support, such agreements must meet the guidelines set by law and receive court approval. This is because the right to receive support belongs to the child—not the parents. Parents can't waive their child's right to support.
California doesn't immediately issue a warrant for missed child support. It usually takes a significant lapse before this happens. When you miss several payments, accumulate large arrears, and fail to take steps to resolve the debt, a warrant might become likely.