CAN I MAKE MY CHILD SUPPORT ARREARS GO AWAY?
If you believe that you may be eligible for a debt compromise agreement on your child support arrears and the other parent is in agreement, contact the attorneys at Collins Legal.
One of the most common questions we as Nashville family law practitioners get is, “How can I make my back child support go away?”
CHILD SUPPORT ARREARS IN TENNESSEE
As of July 1, 2015 the custodial parent and the non-custodial parent now have the right to compromise and settle child support arrears. A child support debt compromise agreement could potentially save the non-custodial parent tens of thousands of dollars in interest alone. In addition, the settlement may be able to stop the State from taking actions against you like suspending your Driver’s License, intercepting your income tax refund, or sending a report to the credit bureaus.
Any agreement reached between the parents must be approved by the Court, of course; but this new statute allows parents to compromise on old child support debts.
Note there are a few restrictions on arrears settlements. If you want to successfully reduce or settle your arrears, the terms of your agreement must comply with the requirements of Tennessee Code Annotated § 36-5-101(f)(6).
First of all, there cannot be any money owed to the State of Tennessee or any other state. The child support arrears can only be owed directly to the custodial parent.
CHILD SUPPORT ARREARS Settlement or compromise
Especially relevant, you may qualify for an arrears compromise even if you still owe current support. However, you can only complete a debt compromise agreement once per case. This means if you complete a debt compromise agreement once, any new arrears or interest that accumulates after the debt settlement is entered must be paid in full and cannot be compromised again later. Moreover, any arrears forgiven in a debt compromise cannot be reinstated at a later date.
You may compromise on all or just a portion of the arrears owed. Or for all or a portion of the interest owed on the child support arrears. However, the non-custodial parent must pay support in full each month for twelve consecutive months.
Finally, only child support arrears may be compromised. This statute does not allow for a compromise on alimony or medical support arrears.
Regardless of whether you are the custodial parent or the non-custodial parent, a debt compromise agreement may be beneficial to you.
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