Can Back Child Support Be Forgiven in Texas?
In Texas, unpaid child support, often called “arrears,” doesn’t just go away. It accumulates. Here’s an explanation from a child support attorney in Houston of how Texas handles back child support.
Can Back Child Support Be Forgiven in Texas? A Child Support Attorney in Houston Explains
In Texas, child support is calculated according to how much income is made by the noncustodial parent. Once a Texas court sets the amount of child support, the decision is legally binding. The Texas Attorney General’s Office is responsible for enforcing that decision if payment is not made, and the authorities take it very seriously when a parent fails to pay child support.
If you miss payments, Texas allows for a number of enforcement methods for collecting back child support, including wage garnishment, tax refund interception, and even driver’s license suspension. It is difficult to get out of or reduce child support obligations, and back child support cannot simply be “forgiven,” at least not in the traditional sense of the word, since a child’s needs don’t just go away because of a parent’s difficult financial circumstances.
Reducing or Adjusting Back Child Support
Agreement With the Custodial Parent
Sometimes, the custodial parent (who receives child support payments) may agree to forgive or reduce the owed amount. For example, if the custodial parent recognizes the noncustodial parent’s financial hardships and wishes to help, they may decide not to pursue the full amount owed.
However, this agreement generally needs to be approved by the court. Even if both parents agree, there’s no guarantee the court will agree to forgive or reduce back child support. Texas courts will consider such requests very carefully to make sure they are in the child’s best interests.
Adjustments to Retroactive Child Support
Retroactive child support is support ordered by the court retroactively, to cover the child’s expenses between when the parents separated and when the child support order was given by the court. The parent who makes child support payments may request that the amount of retroactive child support be reduced.
The noncustodial parent must prove that the retroactive child support was calculated based on inaccurate income information or another error. Be aware that Texas courts rarely grant such requests.
Interest on Arrears
Texas charges 6% interest per year on unpaid child support. The total amount of back child support can increase quite a lot over time with this compounded interest, but a parent may petition the court to have the interest waived or reduced.
However, the parent who owes the back child support must provide the court with clear evidence of their financial hardship or other reason for the request. Of course, the principal amount of back child support will continue to stand. Reducing or waiving the interest simple makes payment of the principal more manageable.
Modifying Future Child Support to Prevent Further Arrears
If you are struggling to keep up with child support payments, you can submit a request to the court that your current child support order be modified. Modification doesn’t eliminate how much you owe on back child support, but it can keep it from accumulating as quickly if the monthly amount of required child support amount is reduced.
You will have to prove that you’ve had a significant change in your financial situation since the original child support order was made. This could be something like losing your job, having your pay cut, or developing a major medical condition.
The Child Support Review Process
In Texas, the Texas Attorney General’s Office has a Child Support Review Process (CSRP) available for any parent who would like to have their child support reconsidered. Parents can meet with a child support officer to talk about adjusting or modifying the child support agreement or to discuss plans for paying back child support.
The CSRP is not a guaranteed way to reduce back child support, since any agreements made during the process still have to be approved by the court. However, meeting with a child officer gives a parent who is struggling an opportunity to explain their financial situation. It also helps to show good faith on your part before the court.
Hardship Considerations and Payment Plans
A hardship payment plan may be an option for a parent who is unable to fully pay the back child support they owe. Texas does recognize that payment may be difficult due to financial hardship and may be willing to allow the parent to pay the amount owed in small chunks over a period of time.
A hardship payment plan does not reduce the total amount owed, but as long as payments are made consistently and on time, there will be no enforcement actions, such as license suspension or wage garnishment. It also will go a long way toward keeping the parent in good standing with the court and the Attorney General’s Office, which can be a very good thing if you ever request interest forgiveness or an order modification in the future.
Bankruptcy and Back Child Support
In Texas, a parent does not get out of child support because of bankruptcy. They will still be responsible for paying back child support in full. Bankruptcy, however, may mean that financial resources are now available to pay back child support that could not be paid before.
The Role of the Office of the Attorney General
The Texas Attorney General’s Office can take many different enforcement actions for back child support. For example, they can garnish wages, put a lien on property, and suspend car or other licenses until the arrears are paid. The Attorney General’s Office also has the authority to report delinquent child support to credit bureaus, which will affect the noncustodial parent’s credit score.
However, the Attorney General’s Office does more than just enforce the payment of back child support. It also provides resources for parents facing financial hardships and is ready to discuss payment options, payment plans, or other potential resolutions. If you’re struggling with paying back child support, be proactive about engaging with the Attorney General’s Office, so you can show that you are committed to resolving the debt.
Options for Resolving Back Child Support Debt
- Seek a Legal Review of the Support Order: Have a legal professional review the child support order to check for any inaccuracies in the original calculation. If your income was not reported correctly, you could have grounds for requesting that back child support before adjusted or reduced.
- Consider Mediation With the Custodial Parent: See if the parent with custody is open to mediation. Whatever agreement you may reach is not guaranteed to be approved by the court, but it can go a long way toward showing good faith on your part.
- Maintain Documentation of Financial Hardship: Keep records of your financial situation so you can show income changes, medical expenses, or other relevant hardships. This will help your case if you petition to court for modification or forgiveness of interest.
If you’re facing challenges with back child support in Texas, contact C.E. Schmidt & Associates, PLLC, in Houston, TX, to discuss your options and find a path forward.
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