How to Reduce Back Child Support Debt

If you have fallen behind on your child support due to financial hardship, there are ways to reduce your debt and avoid legal penalties. In many states, when child support obligors fall behind on payments, interest accrues each month on the amount in arrears. The longer your child support arrears accumulates, the larger your debt will grow, which could lead to garnishment of your tax refund or revocation of your driver's license. In some states, you could lose professional licenses.

Instructions

1

Negotiate with the custodial parent to arrange an agreement for a back child support reduction. Securing the party's cooperation will boost your chances of reducing your child support arrears. According to The U.S. Department of Health and Human Services, a considerable amount of child support goes unpaid every year, so it is rare that a custodial parent would ask for a reduction in back child support on the obligor's behalf. Because of this fact, your ex-spouse's support will lend credibility to your claim.

2

Make copies of pay stubs, bank statements and your most recent income tax return. Also list your debts and assets to support your claims of financial hardship. Supply copies of any disability or Social Security income. It is important to supply as much information as possible because you are responsible for demonstrating that your expenditures exceed your income, which affects your ability to consistently pay your back child support payments.

3

Contact the local child support agency about an arrears compromise program. Some states, such as California, will reduce back child support payments if the child in question received public assistance during the period the obligor failed to make child support payments. Applicants usually must meet eligibility requirements to qualify for these programs, so contact your local child support agency for further details.

4

Notify and provide your child support agency with a copy of the agreement you reached with the custodial parent. This is necessary if the agency does not provide an arrears compromise program. You must obtain agency approval for the negotiated terms before taking any further steps.

5

File a petition to adjust your child support arrears at your county clerk's office. Submit financial documents and a list of your debts and assets, in addition to typed and signed agreements from the custodial parent and child support agency. You must send a copy of the petition to the custodial spouse and the local child support agency.

6

Attend your scheduled hearing to present your case. The custodial parent and a representative from the local child support agency may be asked to appear and provide their arguments concerning your petition. If the court agrees you have made a valid claim for your inability to pay the amount of back child support, the court will grant your request and readjust the amount you owe according to your current financial abilities.