TL;DR (Child Support Arrears and Forgiveness)
- Falling behind on child support payments can result in serious legal consequences, and while courts are strict about enforcement, limited options exist for reducing or forgiving arrears under specific conditions.
- Texas does not offer a general child support arrears forgiveness program, but it does have the Arrears Payment Incentive Program, which provides dollar-for-dollar credit for payments made toward state-owed arrears under qualifying conditions.
- Eligibility for the program requires a final Texas support order, at least $500 in state-owed arrears, and no active bankruptcy or incarceration; voluntary payments must be consistent to remain enrolled.
- While forgiveness of arrears owed to the custodial parent (family-owned) may be possible through private agreements or court-approved modifications, state-owned arrears cannot be forgiven without state approval.
- Strategies for managing or reducing arrears include modifying the original order, negotiating with the custodial parent, proving custody changes, filing motions to correct court errors, or requesting structured payment plans.
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).
Eligibility Requirements for Texas Child Support Arrears Forgiveness
To qualify for the Arrears Payment Incentive Program, you must meet the following eligibility requirements:
Eligibility Checklist
You may be eligible if you:
- Have a final Texas child support order
- Owe at least $500 in state-owned child support arrears
- Keep your address updated with the Texas Office of the Attorney General (OAG)
- Do not have an active or ongoing bankruptcy case
- Are not currently incarcerated
Payment Requirements
To receive credit through the program:
- Payments must be voluntary or made through employer wage withholding
- Payments from tax refunds or lottery winnings do not count toward the incentive program
Application Process for Child Support Arrears Reduction in Texas
If you qualify for the Arrears Payment Incentive Program, you can apply through the Texas Office of the Attorney General. Follow these steps to begin the application process:
Step 1: Confirm You Meet the Eligibility Requirements
Before applying, make sure you meet the program requirements, including having a final Texas child support order and owing at least $500 in state-owned child support arrears.
Step 2: Complete the Application Form
Fill out the Arrears Payment Incentive Program Application (Form 1575) available through the Texas Attorney General’s website.
Step 3: Submit the Application to the Office of the Attorney General
After completing the form, submit it according to the instructions provided by the Texas Office of the Attorney General.
Step 4: Begin Making Qualifying Payments
To receive credit through the program, you must continue paying your current monthly child support in full and make additional voluntary payments toward your arrears.
Step 5: Maintain Consistent Payments to Stay Enrolled
If you stop making qualifying payments for 180 days, you may be removed from the program and required to wait six months before reapplying.
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.
Child Support Arrears Forgiveness vs Payment Modification in Texas
| Feature | Arrears Forgiveness | Payment Modification |
|---|---|---|
| Purpose | Reduce or eliminate past-due arrears | Adjust ongoing payments to prevent future arrears |
| Who Can Grant | Custodial parent or court/state approval (rare) | Court only |
| Eligibility | Depends on agreement, custody changes, or order errors | Significant financial change (income loss, disability) |
| Effect on Past-Due Arrears | May reduce or forgive some arrears | Does not erase past arrears |
| Effect on Future Payments | Generally unchanged unless combined with modification | Adjusted to match current financial capacity |
| Likelihood | Rare | More common |
| Example | Custodial parent agrees to waive debt; child lived with paying parent | Parent loses job; requests lower monthly support |
Situations Where Child Support Arrears May Be Reduced or Forgiven
While full forgiveness of child support arrears is rare, certain circumstances can lead to a reduction, modification, or potential dismissal of debt:
- Modification of Child Support Order – If your financial situation has significantly changed (e.g., job loss, disability, or decreased income), you may request a modification. This does not erase past-due payments but can stop arrears from growing.
- Settlement Agreements – The custodial parent may agree to reduce or waive part of the arrears through a negotiated child support agreement. Court approval is required to ensure it serves the child’s best interests.
- Custodial Parent’s Compromise – The custodial parent can forgive family-owned arrears. State-owned arrears, which are owed to the government due to public assistance, cannot be forgiven without state approval.
- Proving the Child Lived With You – Demonstrating that your child lived with you for a significant period may allow for a reduction or dismissal of some arrears, provided documentation is submitted.
- Filing a Motion to Set Aside the Court Order – If the original order was issued based on fraud, error, or incorrect information, filing a motion may result in reduction or elimination of arrears.
- Requesting a Payment Plan – Structured repayment plans make arrears more manageable and help avoid enforcement actions like wage garnishment or license suspension, though they do not erase the debt. You can get an idea of how much payments will be with our Texas child support calculator.
How to Get Child Support Arrears Forgiven in Texas
If you want to reduce or potentially eliminate child support arrears in Texas, the process typically involves taking specific legal steps through the court or negotiating with the other parent.
Step 1: Determine What Type of Arrears You Owe
Start by identifying whether your arrears are family-owned (owed directly to the custodial parent) or state-owned (owed to the state because public assistance was provided). This distinction matters because family-owned arrears may be negotiable, while state-owned arrears usually require state approval to reduce.
Step 2: Request a Modification of Your Child Support Order
If your financial circumstances have changed due to job loss, disability, or reduced income, file a motion with the court to modify your child support order. While this will not erase past-due payments, it can stop additional arrears from accumulating.
Step 3: Negotiate with the Custodial Parent
If the arrears are owed directly to the custodial parent, discuss the possibility of reducing or forgiving part of the debt through a negotiated agreement. Any agreement must be submitted to the court and approved by a judge to become legally enforceable.
Step 4: Provide Evidence if the Child Lived With You
If your child lived with you for a significant period while support payments were still being charged, gather documentation such as school records, medical records, or residency documents. Submitting this evidence may help reduce the amount of arrears owed.
Step 5: File a Motion to Set Aside the Original Order (If Applicable)
If the original child support order was based on incorrect information, fraud, or a mistake, you may be able to file a motion asking the court to review and potentially set aside the order.
Step 6: Request a Court-Approved Payment Plan
If full forgiveness is not possible, ask the court to approve a structured repayment plan. A payment plan can make arrears more manageable and help you avoid enforcement actions such as wage garnishment or license suspension.
Step 7: Stay Current on Ongoing Payments
Continue making your current child support payments while pursuing relief. Courts are more likely to consider reductions or agreements when the paying parent demonstrates consistent effort to comply with the order.
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.
Texas Attorney General Child Support Arrears Programs: FAQ
Does the Texas Attorney General offer programs to reduce child support arrears?
Yes. The Texas Office of the Attorney General (OAG) administers the Arrears Payment Incentive Program, which helps certain parents reduce state-owned child support arrears. The program encourages consistent payments by providing credits toward eligible arrears.
What is the Texas Attorney General Arrears Payment Incentive Program?
The Arrears Payment Incentive Program is a voluntary program run by the Texas Office of the Attorney General. It provides a dollar-for-dollar credit toward state-owned child support arrears for qualifying payments made by the noncustodial parent.
Does the program forgive all child support arrears?
No. The program does not eliminate child support debt entirely. Instead, it provides matching credits for payments made toward state-owned arrears. It does not reduce arrears owed directly to the custodial parent.
Who qualifies for the Texas Attorney General arrears program?
To qualify for the Arrears Payment Incentive Program, 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 Office of the Attorney General
- Not have an active bankruptcy case
- Not currently be incarcerated
How do you apply for the Texas Attorney General arrears program?
You can apply by completing the Arrears Payment Incentive Program Application (Form 1575) available through the Texas Attorney General’s website.
What happens after you enroll in the program?
Once enrolled, you must continue paying your current monthly child support in full and make additional voluntary payments toward your arrears. For every qualifying payment toward state-owned arrears, the program provides a matching credit that reduces the balance.
Can you be removed from the Texas Attorney General arrears program?
Yes. If you stop making qualifying payments for 180 days, you may be removed from the program and required to wait six months before reapplying.
CONTACT FORM
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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