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

Q: How do i put in a request to modify arrears payment and request forgiveness on the interest.

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1 Lawyer Answer
Peter W Davis
Peter W Davis
  • Mesa, 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.

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