The Question:
I have a relative who is ill and owes a significant amount in child support. He has not had income for decades, and the children are now grown. The mother is willing to waive the arrears so he can seek medical treatment. What forms are required to request a waiver of child support arrears?
RJ Says:
If Mother agrees to waive the arrears, she would typically sign a very simple Stipulation to an Order that waives all arrears and terminates any existing Income Withholding Order.
Once submitted, the court can review and enter the order reflecting that agreement.
In situations like this, it is also important to determine whether any portion of the arrears is owed to the Arizona Attorney General’s Office or the State of Arizona. While Mother can waive the amounts that are owed directly to her, she cannot waive any portion that may be owed to the state.
Because of that, it is important to confirm exactly what is owed and to whom before submitting the stipulation.
An experienced family law attorney can help prepare the stipulation, determine whether the state has any interest in the arrears, and ensure the paperwork is properly filed. Most family law attorneys offer free 30-minute consultations where your matter can be discussed in detail. That is a great opportunity to review the specifics of the situation and develop a plan.
Call (602) 256-7575 to schedule your free consultation with an experienced Phoenix family law attorney.