How to Get Child Support Arrears Dismissed in Texas
Child support arrears can be a significant burden on both parents and children. In Texas, if you find yourself in a situation where you are unable to pay your child support arrears, it may be possible to have them dismissed. Here’s a guide on how to get child support arrears dismissed in Texas.
Understanding Child Support Arrears
Child support arrears occur when a parent fails to pay the required child support amount as ordered by the court. These arrears can accumulate over time and become a substantial debt. It’s important to note that child support arrears are considered a judgment lien against the parent who owes them, which means they can affect the parent’s credit and assets.
Steps to Dismiss Child Support Arrears in Texas
1.
Review the Court Order
Before taking any action, review your court order to ensure that you understand the terms and conditions of the child support agreement. If you find any discrepancies or errors, consult with an attorney to address them.
2.
File a Motion to Modify Child Support
If you can demonstrate a significant change in circumstances that affects your ability to pay the child support arrears, you can file a motion to modify the child support order. This may involve proving a decrease in income, an increase in living expenses, or other factors that impact your financial situation.
3.
Work with an Attorney
Navigating the legal process of dismissing child support arrears can be complex. It’s highly recommended to consult with an attorney who specializes in family law. They can help you gather the necessary evidence and navigate the court system to ensure the best possible outcome.
4.
Attend Court Hearings
Be prepared to attend court hearings related to your motion to modify child support. During these hearings, the court will review your financial situation and determine whether to dismiss the child support arrears.
5.
Consider Alternative Solutions
In some cases, the court may not dismiss the child support arrears entirely. Instead, they may order a reduced payment plan or other alternative solutions to help you manage the arrears. Discuss these options with your attorney to determine the best course of action.
Legal Grounds for Dismissing Child Support Arrears
To have child support arrears dismissed in Texas, you must prove that there is a valid legal ground for doing so. Some common legal grounds include:
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Insufficient Income
Demonstrating that you do not have enough income to pay the arrears, even if you make the best efforts to do so.
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Financial Hardship
Proving that paying the arrears would cause you undue financial hardship, which may include factors such as medical bills, disabilities, or other unforeseen circumstances.
–
Legal Error
Establishing that there was a legal error in the original child support order, such as an incorrect calculation of the support amount or a failure to consider certain financial factors.
Conclusion
Getting child support arrears dismissed in Texas requires a thorough understanding of the legal process and the ability to present compelling evidence. By working with an experienced attorney and demonstrating a valid legal ground, you may be able to alleviate the burden of child support arrears and move forward with your life.
