FILE MOTION TO WAIVE ARREARS

Asked about 2 years ago - Anaheim, CA

NON-CUSTODIAL MOTHER HAS BEEN PAYING ARREARS FOR 8 YEARS. ALL CHILDREN ARE OVER 18 AND NO LONGER LIVING AT HOME. MOTHER OWES
$2,994.96 WHICH IS BEING PAID OFF $100.00 PER MONTH AS A DEDUCTION FROM HER SOCIAL SECURITY DISABILITY MONEY. SHE IS EXPERIENCING FINANCIAL PROBLEMS. CUSTODIAL FATHER WOULD LIKE TO WAIVE ALL OUTSTANDING ARREARS.

Attorney answers (2)

  1. Hillary Johns

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . You don't have to file a motion unless public assistance was involved. You can come to an agreement, prepare a stipulation and order, and file it with the court. If DCSS was involved, contact them.

  2. Barry Ira Besser

    Contributor Level 10

    2

    Lawyers agree

    Answered . If DCSS is involved, they would have to be a party to any agreement, unless they are dismissed. However, if any of the arrears are for welfare reimbursement, it is not so easy to have those waived. If it is just straight child support arrears, if the custodial parent wishes to waive them, then a stipulation will need to be prepared, and signed by all parties, including DCSS, if they were involved.

    BARRY BESSER
    www.besserlaw.com

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