Child Support Arrears Waived If Ex Agrees

by cre8ivechar

I have an 11 year old daughter of whom I do not have custodial custody. I owe arrears in over $50k due to the fact that I never made enough money at my jobs for them to garnish the full payment. So I have been unable to ever catch up on payments and the arrears keep getting bigger with no end in sight. The judge made the payments extremely high for a job corps graduate based on income I have never made in my life. I recently moved to Arizona to have visitation with my daughter, as my ex-husband has kept me away with threats for the past 7 years. And now my situation has changed. I have a new baby now 1 year old. My ex and I have finally come to amicable terms and has said that he will forgive my arrears or most of it if I do all the leg work by getting the documents needed and doing mediation.

I have been unemployed now since my new baby has been born since working would only leave me with $2 to my name after day care expenses and child support garnishment and minimum wage, no one can pay rent with $2. Im serious, $2 is not an exaggeration I did the math. How do I find the documents? Child support division in AZ said they cant send me the forms because I'm the obliger. I have a packet for modification of child support since new baby qualifies for that but modification does not address the arrears. Is there a specific form he needs to sign and notarize to forgive arrears?

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Child Support Questions
by: CSA Staff

Thank you for sharing and your questions. Yes he would need to request the paperwork to waive the arrears. Also if he is willing to waive the arrears, that is great. What about the current payments? You will need to request a modification which you can do yourself immediately. Your new child is a deduction and will lower your current payments. It is important to request the modification ASAP so that you do not continue falling behind.


How do I have Arreages Waived?
by: Anonymous

I am the custodial parent of our now 10yr old daughter. I have agreed to have the arreages waived so that the non-custodial parent can get a fresh start. I have been told that I need to have a signed affadavit to request waiving the arrears. Is there some type of special form or is it something that I can just come up with myself?

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