This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Child Support Forgiveness Form California In Massachusetts
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US-00004BG-I
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If the support order is part of a “judgment,” a complaint for modification as well as a motion to reduce support must be filed and properly served on the other party before the court will consider changing the support order. Child support arrears cannot be forgiven by the court.
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.
Is there a Massachusetts Statute of Limitation on Child Support? No, there is no statute of limitation on court-ordered child support for children under eighteen years. The order is still enforceable for past-due child support and retroactive child support even after the child attains maturity.
If parents can agree that child support should end, they can go to a family court and request a modification from a judge. Ultimately, courts will decide is child support can be terminated or modified based on what they deem is in the best interest of child.
If the other parent does not agree to dismiss the child support arrearage, file a motion in court and ask a judge to dismiss the arrearage. Then, ask the judge to schedule a hearing date. At the hearing, you will be allowed to present evidence as to why the judge should dismiss the arrearage.
If you want to terminate a child support order, it would either be terminated with the Child Support Enforcement Agency, if it is a administrative order, or a Court, if the order was established by a Court. Normally, you would file a request with the agency or a motion with the Court.
Under California law, the following strategies may be available to address back child support and arrears: Motion to Re-Determine Back Child Support. Compromise of Arrears Program. Suspension of Interest Under Chapter 13 Bankruptcy. Petition for 'Equitable Forgiveness' ... Motion to Set Aside Invalid Court Judgment.
Under Massachusetts law, child support is something that a child is entitled to, so it isn't something that a parent can waive.