Can child support arrears be dropped by the parent who is to receive the payments?

UPDATED: Jul 25, 2011

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Can child support arrears be dropped by the parent who is to receive the payments?

I am my daughter’s custodial parent. Her father lives with his mom and often doesn’t show up on her visitation weekends. He is currently in jail for issues unrelated to child support. His mother has told me he will get more time for the back child support once the time for his crime is over but I can help him avoid this by having the arrears dropped. Is it possible to drop arrears? It’s well over $10,000. I recently came into money so I’m sure that will be thrown up but I don’t see how it’s fair for him to be let off. He’s only ordered to pay $44.50 per week.

Asked on July 25, 2011 Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it is not fair . The child support is not your to waive.  It is the right of your daughter.  And I doubt very much that any enforcement agency would allow you to "waive" the back support.  In fact, you need to reduce the back support to a judgement against him so that you can collect from his estate should he pass away.  I would strongly consider speaking with an attorney in your area on this matter in general.  If your daughter's Father does not really even care to see her - and I do not mean now because he is in jail - then you may want to consider terminating his parental rights.   Get help here and stand your ground on the money.  Good luck.

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