Securing a stable financial future for your children is one of the most important responsibilities a parent has. However, life can bring unexpected challenges—such as job loss, health issues, or other significant changes—that make keeping up with child support payments difficult.
Over time, unpaid support can grow into overwhelming debt, known as child support arrears. If you find yourself in this situation in Arizona, you may feel uncertain about your options or how to regain control.
At the Law Office of Daniel Hutto, we understand the financial and emotional challenges that child support arrears can create. Our experienced legal team is here to help you explore options for reducing arrears, modifying payment orders, or addressing financial hardships
Here’s what this article will cover:
- Understanding Types of Child Support Arrears
- Retroactive Child Support: What It Means and How It Applies in Arizona
- What Happens If You Do Not Pay a Child Support Arrear
- Legal Basis for Dismissing Arrears
- Federal Laws Impacting Arrears Forgiveness
- Negotiating with the Other Parent
- Filing a Motion to Dismiss Arrears
- Practical Tips for Addressing Child Support Arrears and Avoiding Further Debt
- Take Action on Your Child Support Arrears
Our Phoenix Family Law Attorneys are Here to Help!
Understanding Types of Child Support Arrears
Child support arrears refer to unpaid child support debt that accrues when a non-custodial parent fails to meet the court-ordered amount of child support.
These arrears can create significant financial burdens for one parent, while also impacting the ability to financially support the child.
There are two types of arrears: assigned child support arrears, which are owed to the state when the custodial parent has received public assistance, and unassigned child support arrears, which are owed directly to the custodial parent. Both types of arrears are legally binding and enforceable, but each has different considerations for dismissal or reduction.
Retroactive Child Support: What It Means and How It Applies in Arizona
Retroactive child support refers to payments ordered by the court to cover a period before a formal child support order was established. This can arise in cases where a custodial parent files for support months or even years after the separation or birth of the child. In Arizona, the court may order the non-custodial parent to pay retroactive child support to ensure the child is financially supported for the time in question.
▶ When Retroactive Child Support May Be Ordered
- Delayed Filing for Support
If one parent delays filing for child support, the court can order retroactive payments to cover the time from the separation or birth of the child until the support order is finalized. - Establishment of Paternity
In cases where paternity is established after the child’s birth, the non-custodial parent may be required to pay retroactive child support for the period prior to the court order. - Modifications to Child Support
Retroactive child support can also apply when a court modifies the amount of child support, adjusting payments retroactively to the date the modification petition was filed.
▶ Limitations on Retroactive Child Support
Under ARS § 25-320, retroactive child support can typically only go back three years from the date the custodial parent files for support, unless there is evidence of deliberate evasion by the non-custodial parent. This ensures fairness and limits undue financial strain on the paying parent.
▶Calculating Retroactive Child Support
When determining retroactive payments, the court considers factors such as:
- The non-custodial parent’s income during the retroactive period
- Any expenses incurred by the custodial parent while financially supporting the child
- Any informal contributions made by the non-custodial parent
Retroactive child support can significantly increase a parent’s child support debt, so addressing these payments promptly and seeking legal advice is crucial.
What Happens If You Do Not Pay a Child Support Arrear
Failing to pay child support arrears can lead to serious legal and financial consequences. The state of Arizona enforces strict penalties for unpaid child support payments to ensure children are financially supported.
Consequences include wage garnishment, tax refund interception, and suspension of your driver’s license or professional licenses.
For non-custodial parents who owe money to the state or the custodial parent, interest on arrears may accumulate, increasing the total child support debt over time.
In extreme cases, parents who don’t make child support payments may face contempt of court charges, which can result in jail time. Additionally, unpaid child support arrearages can impact your credit score, making it harder to secure loans or housing.
Legal Basis for Dismissing Arrears
In Arizona, child support arrears are treated as a legally binding debt, and their dismissal is governed by state and federal laws. The Arizona Revised Statutes (ARS) and federal regulations provide specific circumstances under which arrears can be reduced or forgiven.
▶ Arizona Law on Child Support Arrears
Under ARS § 25-503, child support payments become a vested right as they come due. This means that once a payment is missed, it becomes a debt that the paying parent is legally obligated to repay.
Courts generally lack the authority to retroactively modify or dismiss these arrears unless specific legal conditions are met.
However, there are certain exceptions where dismissal or reduction of arrears may be possible:
- Mutual Agreement Between Parents
If both parents agree to waive some or all of the arrears, they can petition the court for approval. The agreement must be in writing and submitted to the court for validation, as any informal arrangements without court approval are not legally enforceable. - Government-Arising Arrears
When arrears are owed to the state due to public assistance received by the custodial parent, the state may forgive these arrears under certain conditions. This process often involves demonstrating that collecting the debt would be unfeasible or inequitable. - Demonstration of Financial Hardship
Courts may consider a petition for relief if the paying parent can demonstrate an inability to pay due to extraordinary circumstances, such as severe medical conditions or permanent loss of income. However, complete dismissal is rare in these cases.
Federal Laws Impacting Arrears Forgiveness
Federal laws, particularly the Bradley Amendment, significantly influence how child support arrears are managed. Enacted in 1986, this law prohibits the retroactive modification of child support obligations, ensuring consistent enforcement and preventing parents from evading payments. Under the Bradley Amendment, once a payment is due, it becomes a legally enforceable judgment that cannot be reduced or erased retroactively.
Key provisions include:
- Automatic Vested Rights: Arrears become a legal debt as soon as payments are missed.
- No Retroactive Adjustments: Courts cannot modify past-due amounts, even if the paying parent’s circumstances have changed.
- National Consistency: Obligations are enforceable across state lines.
Limited exceptions exist, such as correcting administrative errors or negotiating state-assigned arrears (amounts owed to the government).
However, arrears owed directly to the custodial parent remain enforceable.
While arrears cannot be retroactively adjusted, exploring state forgiveness programs or negotiated settlements may provide relief.
Negotiating with the Other Parent
Another potential avenue for resolving child support arrears is negotiating directly with the other parent.
If both parties can reach an agreement, they may present this agreement to the court for approval.
This often involves mediation or informal discussions to find a mutually beneficial solution.Keep in mind that any agreement to dismiss or reduce arrears must be documented and approved by the court to become legally enforceable. Without court approval, the original arrears remain legally binding.
Filing a Motion to Dismiss Arrears
In certain circumstances, you may file a motion with the court to dismiss child support arrears. This process involves submitting a formal request and providing evidence that supports your case. Important considerations include:
- Justifying the inability to pay due to unforeseen circumstances
- Demonstrating efforts made to comply with the support order
- Providing documentation of any agreements with the other parent
Each case is unique, and the court will consider various factors before deciding.
▶ Attending the Court Hearing
Once you have filed your motion, a court hearing will be scheduled. During this hearing, you will have the opportunity to present your case before a judge.
Ensure you have all necessary documentation, such as income statements, medical records, and any correspondence with the other parent. A clear and concise presentation, supported by evidence, will strengthen your case.
7 Practical Tips for Addressing Child Support Arrears and Avoiding Further Debt
If you’ve fallen behind on your child support payments, taking proactive steps can help you resolve your past-due child support and prevent future financial strain. Whether you’re looking to get child support arrears dismissed, reduce the amount of arrears, or stay current on your obligations, these strategies can help you manage the situation effectively.
⑴ Stay Current on Your Child Support Order
To avoid accumulating child support arrearages, it’s important to make your current child support payments on time. If you’ve experienced a change in circumstances, such as job loss or reduced income, file a petition to modify the amount of court-ordered child support immediately. This will ensure your payments reflect your ability to pay and prevent you from falling further behind.
⑵ Document Payments and Agreements
Keep detailed records of all child support payments, whether they are part of a court-ordered child support agreement or informal arrangements. This documentation can help you prove compliance and avoid disputes over unpaid child support payments.
⑶ Work with the Custodial Parent
In some cases, the custodial parent may agree to waive or reduce certain arrears. Negotiating a formal agreement can help you manage child support owed directly to them. However, be sure to have any agreements approved by the court to make them legally enforceable.
⑷ Seek Debt Reduction Programs
For assigned arrears owed to the state, look into state programs that may allow you to have child support arrears waived or reduced. These programs often depend on your ability to show financial hardship and a commitment to making future payments.
⑸ Hire an Experienced Child Support Attorney
If you are behind on your child support or facing legal challenges, consulting an experienced child support attorney can provide valuable guidance. They can help you file motions, negotiate with the other parent, and address any child support matters related to arrears forgiveness, retroactive support, or modifications.
⑹ Take Immediate Action to Prevent Penalties
Falling behind on child support can lead to severe consequences, such as wage garnishment, driver’s license suspension, or even jail time. Acting quickly to address arrears can help you avoid these penalties and demonstrate good faith to the court.
⑺ Understand the Best Interests of the Child
Courts prioritize the best interests of the child in all child support cases. Staying current on your payments and addressing arrears promptly shows your commitment to supporting your children financially and meeting your obligation to your child.
By taking these steps, you can work toward resolving past-due child support and creating a stable financial future for your family. If you’re struggling to pay off child support or manage arrears, consulting a qualified child support attorney can help you explore options to have arrears forgiven or reduced and better handle your current child support order.
Take Action on Your Child Support Arrears
If you are facing challenges with child support arrears, the Law Office of Daniel Hutto is here to help. Our experienced child support attorneys understand the complexities of Arizona family law and can guide you through the process of addressing past-due child support.
Whether you need help filing for a modification of your current child support order, negotiating arrears forgiveness with the custodial parent, or exploring state programs to reduce assigned arrears, we provide personalized legal solutions tailored to your situation.
Contact the Law Office of Daniel Hutto today at 602 536-7878 for a confidential consultation and take the first step toward resolving your child support matters.