Legal Question in Family Law in Florida

If I want to forgive a child support debt and want a new order put in place, but the child support order was through a divorce, how can I go about doing this as the department of revenue said they would not touch it.


Asked on 3/18/20, 6:28 am

1 Answer from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

Child support arrearage cannot be totally forgiven or waived, but there are a few situations that can help you handle it.

Double-check the amount the court states you are in arrears. You can always ask the court to recalculate this amount to make sure it is correct.

If your child lived with you for a period that the back pay is referencing, the judge may lessen the child support amount. The court’s judgment will often depend on the amount of time and financial support that was given during the child’s stay.

Back pay does accrue interest but, in some cases, you may not have to pay all of it.

You can request a manageable payment schedule. While this doesn’t lessen the amount owed, it can make it so that you don’t fall behind, even more, trying to pay your original balance.

Reach a settlement with the other guardian. If the debt is just too overwhelming, you may be able to reach a lump-sum settlement with the other guardian.

You can also get a private loan to pay the back pay in some states. That said, this should always be a last resort since you will owe the loaned money back in the future with interest as well.

Read more
Answered on 3/19/20, 4:41 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida