Child support is a court-ordered payment that a non-custodial parent must make to the custodial parent to support their child’s financial needs. When a parent fails to pay child support as ordered by the court, they accrue child support arrears. Purging child support arrears is a legal process that allows the non-custodial parent to pay off their child support debt and regain their driver’s license, professional license, and passport. In this article, we’ll explore what purging child support arrears mean, how it works, and how to get legal help to purge child support arrears.
What Is Purge Child Support Arrears?
Purge child support arrears is a legal process that allows the non-custodial parent to pay off their child support debt and regain their driving privileges, professional licenses, and passports. The non-custodial parent must pay the total amount of the arrears owed or a portion of the arrears in a lump sum payment or through a payment plan. Once the arrears are paid in full, or the agreed-upon amount, the non-custodial parent’s driving privileges, professional licenses, and passports will be reinstated.
How Does Purge Child Support Arrears Work?
When a non-custodial parent has child support arrears, they can petition the court for a purge payment plan. The court will hold a hearing and determine the amount of the arrears owed and the payment plan the non-custodial parent must follow. The payment plan will outline the amount the non-custodial parent must pay monthly or in a lump sum to satisfy the arrears.
If the non-custodial parent fails to comply with the payment plan, the court may take enforcement actions, such as wage garnishment or seizing assets, to satisfy the arrears. Once the arrears are paid in full or the agreed-upon amount, the non-custodial parent can petition the court to reinstate their driving privileges, professional licenses, and passports.
How to Petition the Court for Purge Child Support Arrears
To petition the court for a purge payment plan, the non-custodial parent must file a motion with the court. The action must include the following information:
- The amount of child support arrears owed
- The proposed payment plan and the amount to be paid
- The non-custodial parent’s current financial situation
The court will review the motion and set a hearing date. At the hearing, the non-custodial parent must provide evidence of their financial situation, such as pay stubs, tax returns, and bank statements, to support their proposed payment plan.
Frequently Asked Questions about Purge Child Support Arrears
How long does it take to purge child support arrears?
The time it takes to purge child support arrears varies depending on the amount owed, the payment plan, and the non-custodial parent’s financial situation. Paying off child support arrears can take several months or even years.
Can I make a partial payment to purge child support arrears?
Yes, you can make a partial payment to purge child support arrears. The court may require a lump sum payment or a payment plan to satisfy the arrears.
What happens if I don’t pay the purge payment plan?
If you fail to pay the purge payment plan, the court may take enforcement actions, such as wage garnishment, seizure of assets, or contempt of court charges.
What happens if I cannot afford to pay the purge payment plan?
If you cannot afford to pay the purge payment plan, you can petition the court for a modification of the child support order. The court may reduce the child support amount or order a new payment plan based on your financial situation.
Can I negotiate a lower amount to purge child support arrears?
You can negotiate a lower amount to purge child support arrears with the custodial parent or their attorney. However, the court must approve any negotiated amount.
Can I hire a lawyer to help me purge child support arrears?
Yes, you can hire a lawyer to help purge child support arrears. A lawyer can help you prepare your motion, represent you at the hearing, and negotiate with the custodial parent or their attorney.
How to Get Legal Help for Purge Child Support Arrears
You can contact a family law attorney if you need legal help to purge child support arrears. A family law attorney can help you understand your legal rights and options, prepare your motion, and represent you at the hearing. They can also negotiate with the custodial parent or their attorney and help you petition to modify the child support order if necessary.
You can find a family law attorney through the state bar association, online directories, or referrals from friends and family. Consider their experience, qualifications, and fees when choosing a family law attorney. Some attorneys offer free consultations or flat fees for specific services.
Purging child support arrears is a legal process that allows non-custodial parents to pay off their child support debt and regain their driving privileges, professional licenses, and passports. The non-custodial parent must pay the total amount of the arrears owed or a portion of the arrears in a lump sum payment or through a payment plan. You can contact a family law attorney if you need legal help to purge child support arrears. A family law attorney can help you understand your legal rights and options, prepare your motion, and represent you at the hearing.