Managing Past Due Support
Circumstances can quickly lead to past-due child support. Your Child Support Enforcement Agency (CSEA) wants to do everything it can to help. Here are some options to help manage past due support:
If you have lost your job, had another child, experienced a financial hardship or had another significant change in circumstances, you should consider modifying your existing child support order.
If you became past due because of a temporary hardship or medical condition and you expect to resume payments, you should contact the CSEA to discuss payment arrangements. Your caseworker will try to create a plan that helps you pay off past-due support in a reasonable time, without referring your case to the court.
People can voluntarily waive any past-due support that is owed to them by completing an affidavit. Affidavits are available for Administrative, Domestic Relations, and Juvenile Court orders. Both parties must sign the affidavit, and the signatures must be witnessed by a notary. Support funds owed to the State can only be forgiven by requesting a waiver or compromise.
WAIVER AND COMPROMISE
If you have past-due support that is “assigned” to the State, and they were affected because you were incarcerated or suffer from a disability or medical condition, you should consider asking for a Waiver or Compromise of Assigned Arrears. To get started, complete and submit both the Request to Negotiate an Assigned Arrears Reduction and the Financial Disclosure Affidavit. This program can greatly reduce your past-due support and avoid legal action.
PRISONER RE-ENTRY PROGRAM
Ex-offenders face many barriers to employment and debt management. Montgomery County CSEA can help ease your transition and help you overcome barriers.
Below are other Re-Entry resources:
- Reentry Coalition of Montgomery County
- National Reentry Resource Center
- Exoffender Reentry Resource Guide
- Exoffender Reentry Program for Montgomery County
If you are struggling to find a job, need legal help or just need help navigating Job and Family Services, our Fatherhood Program can help connect you with resources.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 gives unpaid child and spousal support claims priority over any other creditors' claims, including taxes. If there's a claim for a domestic support obligation in a case, the law requires a trustee to give you and your state's CSEA written notice of the bankruptcy and any discharge given to your ex-spouse.
PAST-DUE SUPPORT CALCULATOR
The Reconciliation Calculator is designed to easily determine the total amount of support owed and paid in cases when someone has child support orders for the same child in more than one state or U.S. territory.
PAST-DUE PAYMENT ORDER
When a support payment is made, items are paid in a specific order mandated by federal and/or state law. The order is as follows:
- Current child support
- Current spousal support
- Current medical support
- Payment on past-due support (first child support, then spousal support, then medical support)
- Support obligations assigned to other states