If my spouse is prior service, previously unemployed, and over 20k in arrears to a despicable x. How do we waive the arrears ?
3 attorney answers
You can’t choose to waive arrears. Once they have accumulated they always remain until they are paid. The only way to have them removed is for them to be paid. If changes to child support need to be made you should consult with an attorney who can help you with the proper course of action.
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At Georgia law child support arrears cannot be legally "waived" or forgiven. The statute specifically states that child support cannot be waived. Effectively, every penny is owed until paid, even long after the child has become an adult. He may be able to seek a modification of the ongoing child support amount, but that is very fact specific so there is no way to answer the question of what his new child support amount may be on this forum. When a modification claim is filed, the amount can go down, or it can go up, so you need to run a new calculation based on the current facts to get an idea of what might happen in a modification case before you file.
There would be no basis for "waiving" the arrears without a court approving and the ex would almost certainly have to agree. Prior service has nothing to do with the matter. Your husband can go back to court and see if the court agrees his reduced circumstances can lead to reduced child support---or whether your husband needs to take on a second or third job to start making headway.
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