Falling behind on child support payments, commonly referred to as child support arrears, is a serious legal issue with significant consequences. Unpaid child support can lead to serious legal consequences. For many parents, these arrears accumulate due to financial hardship, job loss, or other unexpected circumstances, making it difficult to catch up and pay them off completely.
While courts are generally strict about enforcing child support orders, there are limited circumstances where child support arrears forgiveness may be granted. Certain legal strategies, negotiations, or legal agreements between parents could potentially reduce or eliminate past-due child support payments, but this is not always guaranteed.
Eric M. Willie, a dedicated Austin child support lawyer near you, understands both sides of the child support system. Whether you are a parent struggling with child support arrears in Texas or seeking to enforce payments, our team can help you navigate the legal process and explore your options. If you are facing child support arrears in Texas, don’t wait—contact us today to avoid the serious repercussions of unpaid child support.
Child Support Arrears Forgiveness Program Texas
Many parents struggling with paying their child support debt wonder if Texas offers a program to forgive child support arrears. However, the reality is that there is no official child support arrears forgiveness program in Texas. The state does offer an Arrears Payment Incentive Program, which can help parents reduce the back child support they owe to the state under specific conditions.
What Is the Arrears Payment Incentive Program?
The Arrears Payment Incentive Program is a voluntary program run by the Office of the Attorney General (OAG) in Texas to encourage parents to pay down their overdue child support debts. While it doesn’t erase a parent’s child support debt, it provides a dollar-for-dollar credit for every payment made toward state-owned child support arrears, which essentially is money owed to the state when the other parent received public assistance.
How Does the Program Work?
If you qualify for the Arrears Payment Incentive Program and enroll:
- You must pay your current monthly child support in full every month.
- You must make additional payments every month toward your child support arrears (overdue child support).
- For every extra dollar you pay toward arrears, the state will match it with a credit, which will then reduce your state-owned child support debt.
This program only applies to state-owned child support arrears, as it does not reduce child support debt owed directly to the other parent (family-owned arrears).
Who Qualifies For The Program?
To be eligible for the Arrears Payment Incentive Program in Texas, you must:
- Have a final Texas child support order.
- Owe at least $500 in state-owned child support arrears.
- Keep your address updated with the OAG.
- Not have an active or ongoing bankruptcy case.
- Not currently incarcerated.
Payments must be voluntary or made through employer wage withholding. Payments from sources like tax refunds or lottery winnings do not count toward the incentive program.
How to Apply For The Program
You can apply for the program by filling out the Arrears Payment Incentive Program Application (Form 1575) through the Texas Attorney General’s website. It’s important to note that if you stop making qualifying payments for 180 days, you may be removed from the program and have to wait six months to reapply.
Can Child Support Arrears Be Forgiven In Texas?
Child support arrears in Texas are generally not forgiven, as they are considered a legal obligation and must be paid. However, there are certain circumstances where child support arrears may be reduced, modified, or even dismissed. If you owe back child support in Texas, it is important to understand your options and take action before child support enforcement measures are taken.
Situations Where Child Support Arrears May Be Reduced or Forgiven
While full arrear forgiveness is rare, here are some situations where child support arrears might be reduced or modified:
- Modification of Child Support Order – If your financial situation has significantly changed due to job loss, disability, or a decrease in income, you can request a modification of your child support order. This will not erase past-due child support payments but can help prevent the arrears from increasing further.
- Settlement Agreements – In some cases, the custodial parent may agree to reduce or waive some of the arrears through a negotiated child support agreement. However, this agreement must be approved by a Texas court to ensure it serves the best interests of the child.
- Custodial Parent’s Compromise – The custodial parent can choose to forgive some or all of the child support debt that is owed to them personally (family-owned arrears). However, state-owned arrears (child support assigned to the state due to receiving public assistance) cannot be forgiven without approval at the state level.
- Proving the Child Lived With You – If you can prove that your child lived with you for a significant period while you were still making payments, you may be able to reduce or dismiss some of your child support arrears. Providing clear documentation is key to this process.
- Filing a Motion to Set Aside the Court Order – If the original child support order was based on fraud, mistake, or incorrect information, you may file a motion to set aside the order. If successful, this could lead to a reduction or elimination of arrears.
- Requesting a Payment Plan – If you cannot pay off your child support arrears in full, the court may approve a structured payment plan. While this does not erase the debt, it can make repayment more manageable and prevent aggressive enforcement actions such as wage garnishment or license suspension. You can get an idea of how much payments will be with our Texas child support calculator.
How to Request Child Support Forgiveness in Texas
If you believe you qualify for a reduction or dismissal of your child support arrears, you may take the following steps:
- File a Motion to Establish or Modify Child Support – If you believe the original order was incorrect or unfair, you can request a review and modification of your child support obligation.
- Negotiate with the Custodial Parent – A private agreement between parents can sometimes lead to a reduction in child support arrears, but it must be approved by a Texas court to be legally binding.
- Provide Evidence of Custody Changes – If your child lived with you for an extended period, submit documentation proving this to the court for a potential reduction in child support debt.
- File a Motion to Set Aside the Order – If fraud or mistakes led to your arrears, filing a motion to set aside the original order may help reduce or dismiss the debt.
- Ask for a Court-Approved Payment Plan – If full forgiveness is not possible, requesting a structured repayment plan can help you avoid harsh penalties and stay in compliance.
Need Help Managing Child Support Arrears In Texas?
If you’re struggling with past-due child support, Eric M. Willie, an experienced Texas child support lawyer, can help. Whether you need assistance enrolling in the Arrears Payment Incentive Program, negotiating payments, or exploring other legal options, our team is here to guide you. Don’t hesitate to contact us today to take control of your child support situation before penalties start adding up.
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Other Sources:
- https://www.texasattorneygeneral.gov/sites/default/files/files/child-support/forms/1575%20-%20RE.pdf
- https://www.texasattorneygeneral.gov/
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