How To Get Child Support Arrears Dismissed?

Patrick Crawford | November 11, 2024

As a non-custodial parent in Annapolis, MD, unpaid financial support—commonly known as child support arrears—can become a significant financial burden. Many individuals ask if it’s possible to reduce or eliminate these debts. The answer is yes, but only under certain conditions. Reducing or dismissing these overdue payments requires a solid understanding of Maryland’s laws and the ability to build a strong case. Our team at Patrick Crawford Family Law is dedicated to helping you navigate this intricate process and find a resolution that suits your unique circumstances.

What is Child Support?

Child support refers to a legally required payment made by one parent—generally the non-custodial parent—to the custodial one for the financial upkeep of their child. The funds are meant to cover basic living expenses such as food, housing, clothing, education, and medical care. The goal is to ensure that both parents contribute to the child’s upbringing, even if they are not living together.

In Maryland, support obligations are determined by the state’s Child Support Guidelines. These consider both parents’ income, the number of children, and other relevant factors to calculate the appropriate payment. Failure to make these payments can lead to what is known as support arrears—the accumulated unpaid amounts a parent owes.

What are Child Support Arrears?

Arrears refer to the unpaid financial obligations that a non-custodial parent owes. These missed payments can add up quickly and result in significant debt over time if they continue accumulating with each missed payment, even if the parent is facing financial hardship. Child support payments are considered a legal obligation in Maryland, so a missed payment does not erase the debt.

However, it’s essential to grasp that they differ from regular debt. For instance, they cannot be discharged through bankruptcy, and they come with potential penalties, including wage garnishment, interception of tax refunds, and even imprisonment for persistent non-payment.

Types of Child Support Arrears in Maryland

There are generally two types of support arrears: assigned and unassigned. Appreciating the difference can be critical in reducing or dismissing them.

1. Assigned Arrears: These are payments that the state is owed because the custodial parent was receiving public assistance or welfare benefits. In these cases, the state seeks repayment for the public aid provided to the child.
2. Unassigned Arrears: These are unpaid payments owed directly to the custodial parent. Sometimes, the custodial parent may agree to reduce or forgive these debts through negotiation or legal processes.

Both types can accumulate interest, further increasing the debt over time. Maryland offers programs to help parents reduce or manage their overdue amounts, especially if they demonstrate a good-faith effort to pay.

How to Get Child Support Arrears Dismissed?

Dismissing child support arrears is possible but challenging. The approach depends on the type of debt, the circumstances leading to the non-payment, and the actions taken by the non-custodial parent. Here are a few strategies you can explore:

1. File a Motion for Retroactive Modification: If you’ve experienced a significant change, such as job loss or disability, you may request the court to adjust what you owe retroactively. This is typically only allowed under limited circumstances.
2. Negotiate with the Custodial Parent: For unassigned arrears, you can negotiate a reduction or waiver of the debt, often with the help of a mediator or lawyer.
3. Payment Incentive Programs: Maryland offers programs like the Payment Incentive Program (PIP), which reduces arrears if you make consistent payments.
4. Settlement Agreements: With approval from both the state and custodial parent, you may settle them through a lump-sum payment.
5. Prove Inability to Pay: In rare circumstances, courts may dismiss these payments if you show long-term financial hardship, but this requires extensive documentation.

 

Penalties for Parents Who Don’t Make Child Support Payments in Maryland

If support arrears aren’t addressed, the state has several enforcement methods that can lead to serious consequences. These penalties are designed to encourage compliance with orders. Some of the most common penalties include:

• Wage Garnishment: The state can garnish your wages, taking a portion of your paycheck to cover unpaid support.
• Tax Refund Interception: Maryland may intercept your federal or state tax refunds and apply them toward your debts.
• License Suspension: They can suspend your driver’s or professional licenses, making it difficult to maintain employment.
• Contempt of Court: Continued failure to pay can lead to being held in contempt of court, which may result in fines or even jail time.

Addressing them immediately is fundamental to avoiding these penalties and working toward a manageable solution.

Legal Solutions for Child Support Arrears

Getting child support arrears dismissed can feel daunting, but there are options that may help lighten your financial burden. It’s crucial to act swiftly and seek guidance from a legal expert who understands Maryland’s support laws. At Patrick Crawford Family Law, we’re dedicated to helping you handle these complex issues and exploring possible solutions for managing your back payments.