Every parent has a legal duty to provide financial support for their children, whether biological or adopted. When parents separate or divorce, this duty is enforced through a court-ordered child support agreement. If payments are missed, unpaid amounts accumulate and are referred to as child support arrears.
If you’ve fallen behind, the debt can quickly grow and feel overwhelming. You may be wondering if there’s any way to reduce arrears—or at least make them more manageable.
Do Child Support Arrears Ever Go Away?
Child support arrears do not disappear with time. Even after your child turns 18 or graduates from high school, you still owe any unpaid balance. In other words, the arrears survive beyond the child support obligation itself.
Because the court’s first priority is protecting the child’s best interests, reducing arrears is not easy. Courts are reluctant to forgive or cancel unpaid amounts unless specific legal options apply.
Arizona’s Settlement Program
One option for parents behind on payments is the Arizona Division of Child Support Services (DCSS) settlement program.
Here’s how it works:
- DCSS may negotiate directly with the non-custodial parent.
- A settlement agreement can reduce the arrears amount.
- The custodial parent must agree to the terms.
- The agreement is submitted to the court for approval.
- Wage garnishment tied to arrears may stop once a settlement is in place.
This option can bring relief, but keep in mind that courts rarely approve complete forgiveness of arrears.
Can the Custodial Parent Waive Arrears?
If arrears are owed to the custodial parent (not the state), they have the option to waive part or all of the unpaid amount. Even then, the waiver must be approved by the court before it becomes legally binding.
When arrears are owed to the state—for example, if the custodial parent received public assistance—the chance of a waiver is much lower. In these cases, settlement may be possible, but full forgiveness is unlikely.
Modifying Current Child Support
Although past-due arrears are harder to reduce, you may have more success modifying your current child support order. A modification can:
- Lower your monthly obligation to match your financial circumstances.
- Prevent future arrears from growing.
- Make it easier to pay down existing arrears.
To qualify for a modification, you must show a substantial and continuing change in circumstances, such as:
- A significant change in parenting time.
- A loss of employment or a significant drop in income.
- A serious health issue that impacts your ability to work.
Options for Paying Child Support if Reductions Aren’t Possible
Sometimes, a reduction simply isn’t an option. If that happens, there are still strategies to help you stay current and manage arrears:
- Payment plans through DCSS: Set up a structured plan to pay arrears over time.
- Wage withholding: Payments can be automatically deducted from your paycheck, ensuring consistency.
- Tax refund interception: The state may intercept refunds to apply toward arrears.
- License suspension avoidance: By working with DCSS on a payment plan, you may avoid suspension of your driver’s or professional license.
- Lump-sum settlement: If you come into funds (through a bonus, inheritance, or sale of property), a one-time payment may help resolve a large portion of arrears.
Being proactive with DCSS or the court often makes a difference. Ignoring arrears, on the other hand, can lead to escalating penalties, wage garnishment, or even contempt of court proceedings.
How Cohen Family Law Can Help
At Cohen Family Law, we understand how stressful it can feel to be behind on child support. Our team works with parents across Arizona to explore settlement programs, modification requests, and repayment strategies. We’ll review your unique situation, explain your options, and help you pursue the best possible outcome.
Contact Cohen Family Law today to schedule a consultation and get the guidance you need.
Frequently Asked Questions About Child Support Arrears in Arizona
Can child support arrears be forgiven in Arizona?
Complete forgiveness is rare. Courts may approve a reduction or settlement through Arizona’s Division of Child Support Services, but full cancellation usually requires the custodial parent’s agreement and court approval.
What happens if I don’t pay child support arrears?
If arrears remain unpaid, the state can enforce collection through wage garnishment, tax refund interception, license suspension, or even contempt proceedings. Ignoring arrears exacerbates the situation.
Can I lower my monthly child support if I’ve had a financial setback?
Yes, you can request a modification of your current child support order if you can show a significant and ongoing change in circumstances, such as job loss or reduced income. This won’t erase past arrears, but it can help prevent new debt from building up.
