There are two ways you can ask to have arrears discharged (canceled). You can fill out the Request to Discharge State-Owed Debt form asking the Friend of the Court (FOC) to discharge support debt you owe to the State of Michigan only.
Because the formula is mandatory, there is very little room for negotiation in determining child support payments. However, as with most formulas and software, the outcome is determined by the information that is input.
The good news is yes, child support arrears can potentially be forgiven. You would need to have a joint petition filed along with the other parent though, showing that you are both in mutual agreement and jointly requesting that the arrears be waived or forgiven.
YES if the ex husband is in arrears, he can be sued for back support. There may be time limits on how far back you can sue... laws and statutes of limitations vary from state to state.
On rare occasions, child support can be waived by filling out a Deviation Addendum. Reasons to deviate can vary, however, they must be approved by the local Friend of the Court and Prosecuting Attorney.
With the approval of the court, the parties have the right to compromise and settle child support arrears owed directly to the person owed support (family-owed arrears). State-owed debt cannot be forgiven.
The good news is yes, child support arrears can potentially be forgiven. You would need to have a joint petition filed along with the other parent though, showing that you are both in mutual agreement and jointly requesting that the arrears be waived or forgiven.
That means for you to reduce his arrears to zero, you have to file a petition in family court, serve him, and assert to the support magistrate that you wish to waive arrears. The magistrate will double check to see if you're not nuts, and then will set arrears to zero.