The state permits a waiver of some or all child support arrears with court approval, provided the parents mutually agree (or the state agrees when the debt is owed to the state).
The statute of limitations for child support in Michigan is ten years.
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.
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.
Emancipation: If the child becomes emancipated before turning 18, such as by becoming married, joining the military, or becoming self-supporting. Court Order: A court can issue an order to stop child support upon the filing of a motion to terminate support based on specific circumstances.
If the financial situation of either parent changes dramatically and they jointly agree that child support is no longer necessary, they can jointly petition the court to terminate the child support obligation. A change in the child's situation can be grounds for termination of child support as well.
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.
Many areas of the law have quite strict statute limitations to bring a case to court. However, Florida does not have a statute of limitations for collecting unpaid child support.