Los Angeles, CA asked in Family Law and Child Support for Arizona

Q: How do I file a request to modify arrears payments and a request to forgive the interest on arrears

Related Topics:
1 Lawyer Answer
Peter W Davis
Peter W Davis
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally belongs to the other party in the case, and they are the only person who can voluntarily waive any portion of the arrears (whether that be principle or interest). However, if there was state benefits such as cash assistance paid to the other party at some point, they may have assigned a portion or all of the arrears on their case to the State of Arizona. If that is the case, then the State of Arizona would also need to agree on any waiver as to the portion assigned to them. They do waive this amount if you can prove hardship (such as disability). These are both issues that may require the assistance of counsel. Most attorneys provide a free 30 minute consultation where you can get some more information on this issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.