How to Pay Back Child Support
Get a full account record., Contact the other parent., Negotiate a settlement., Write up a settlement agreement., Get court approval of your settlement.
Step-by-Step Guide
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Step 1: Get a full account record.
Ask the child support enforcement agency for their record of your payments and make sure their record matches your own.
If the agency's account contains any errors, you should get those corrected before you arrange a settlement.The agency may be charging interest on any back child support.
If you plan to negotiate a settlement, it's important to know how much you actually owe in arrears and how much of that amount is interest.
Often you can get some of the interest waived if you're willing and able to pay a lump sum. -
Step 2: Contact the other parent.
If you are on speaking terms with your ex, she may be willing to help you by agreeing to take less money.For example, if you were unable to pay child support due to a hardship such as a sudden job loss or medical problem, your ex may be more understanding about cutting you a break – especially if you've owed the money for awhile.
Keep in mind that if your ex has already received the child support she was due under the order and you owe the money directly to the agency, this option may be irrelevant since she isn't actually owed any money.
For example, if the children are on public assistance, the state collects the child support and sends a portion of it to the parent, while the rest is used to pay back the public assistance., It can help settlement negotiations if you have a good reason for your inability to pay in the past, and express an earnest interest and ability to pay now.
Typically you have better odds of reaching a settlement if you can pay a significant portion of your arrears in a lump sum.
You might consider taking out a private loan to cover a lump sum amount, then paying back the loan.Considering the interest rates some states charge for back child support – California, for example, charges 10 percent per year – you may be able to get a private loan that covers your arrears at a lower interest rate, thus saving you money., If you're able to reach an agreement to pay your back child support, make sure you get that agreement in writing – particularly if you'll be paying less than the total amount you owe.
A written agreement prevents the other parent from going to court later and claiming no such deal was made, or that she was unaware of the deal. , Any settlement agreement that results in you paying less than you owe under the court's original order should be approved by the court.
Technically, such a settlement agreement constitutes an amendment of the original court order.
If your settlement agreement is approved by the court, it becomes enforceable to the same extent as the original order.
In many states, you must get judicial approval of any independent agreement you make with the other parent in which she waives the right to receive back child support or to a reduction of the amount you owe.Typically private agreements regarding the amount of child support to be paid are not enforceable until they are approved by the court and incorporated into a court order. -
Step 3: Negotiate a settlement.
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Step 4: Write up a settlement agreement.
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Step 5: Get court approval of your settlement.
Detailed Guide
Ask the child support enforcement agency for their record of your payments and make sure their record matches your own.
If the agency's account contains any errors, you should get those corrected before you arrange a settlement.The agency may be charging interest on any back child support.
If you plan to negotiate a settlement, it's important to know how much you actually owe in arrears and how much of that amount is interest.
Often you can get some of the interest waived if you're willing and able to pay a lump sum.
If you are on speaking terms with your ex, she may be willing to help you by agreeing to take less money.For example, if you were unable to pay child support due to a hardship such as a sudden job loss or medical problem, your ex may be more understanding about cutting you a break – especially if you've owed the money for awhile.
Keep in mind that if your ex has already received the child support she was due under the order and you owe the money directly to the agency, this option may be irrelevant since she isn't actually owed any money.
For example, if the children are on public assistance, the state collects the child support and sends a portion of it to the parent, while the rest is used to pay back the public assistance., It can help settlement negotiations if you have a good reason for your inability to pay in the past, and express an earnest interest and ability to pay now.
Typically you have better odds of reaching a settlement if you can pay a significant portion of your arrears in a lump sum.
You might consider taking out a private loan to cover a lump sum amount, then paying back the loan.Considering the interest rates some states charge for back child support – California, for example, charges 10 percent per year – you may be able to get a private loan that covers your arrears at a lower interest rate, thus saving you money., If you're able to reach an agreement to pay your back child support, make sure you get that agreement in writing – particularly if you'll be paying less than the total amount you owe.
A written agreement prevents the other parent from going to court later and claiming no such deal was made, or that she was unaware of the deal. , Any settlement agreement that results in you paying less than you owe under the court's original order should be approved by the court.
Technically, such a settlement agreement constitutes an amendment of the original court order.
If your settlement agreement is approved by the court, it becomes enforceable to the same extent as the original order.
In many states, you must get judicial approval of any independent agreement you make with the other parent in which she waives the right to receive back child support or to a reduction of the amount you owe.Typically private agreements regarding the amount of child support to be paid are not enforceable until they are approved by the court and incorporated into a court order.
About the Author
Jacob Gonzales
Enthusiastic about teaching cooking techniques through clear, step-by-step guides.
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