The Question:
As the primary parent, can I agree to waive child support arrears during an establishment hearing? The father has not paid support for many years, but I feel like arrears would prevent him from paying going forward. I am thinking about giving him a fresh start.
RJ Says:
At an establishment hearing, the court can and should address both current child support and past support. You do have the option to ask the court to forgive or waive arrears.
Please make sure you are absolutely certain before doing so. Once arrears are waived, those past amounts are gone. They cannot later be recovered.
You might also consider alternatives. Partial forgiveness or a reasonable payment plan may strike a better balance. That way, he has a manageable obligation, while the children still receive at least some of what they are owed.
Under Arizona law, the court may order a parent to pay child support for up to three years prior to the date the support request was filed. He can receive credit for actual support paid during that same time period. There is also no support owed for any months during which you were living together.
These decisions can have long-term financial consequences for you and your children. An experienced family law attorney can help you evaluate your options and make an informed decision before waiving anything.
We offer free 30-minute consultations to discuss your matter in detail and develop a plan. Call (602) 256-7575 to schedule your consultation.