How to Get Rid of Child Support Interest in Texas

Child support is a crucial financial obligation that ensures the well-being of children whose parents are divorced or separated. In Texas, like in many other states, child support payments are subject to interest if they are unpaid. Over time, this interest can accumulate and become a significant burden for the paying parent. However, there are ways to address and potentially eliminate child support interest in Texas. In this article, we will explore some of these options and answer common questions related to this subject.

1. Can child support interest be waived in Texas?
Child support interest can be waived in Texas under certain circumstances. If both parents agree to a settlement that includes waiving the interest, they can submit a written agreement to the court for approval.

2. How can I negotiate a settlement to waive the interest?
To negotiate a settlement to waive child support interest, it is advisable to seek the assistance of a family law attorney. They can help you draft a settlement agreement that includes the waiver of interest and present it to the court for approval.

3. Can I request a modification of child support to avoid interest?
Yes, if you are struggling to make child support payments and accumulating interest, you can request a modification of the support order. If the court finds that there has been a substantial change in circumstances, they may adjust the amount owed, potentially reducing or eliminating interest.

4. What qualifies as a substantial change in circumstances?
A substantial change in circumstances can include a significant decrease in income, job loss, a medical condition that affects earning capacity, or any other significant change that impacts the parent’s ability to pay child support.

5. Can bankruptcy eliminate child support interest?
Child support interest is typically considered a priority debt and cannot be discharged through bankruptcy. However, filing for bankruptcy may help alleviate other financial burdens, making it easier to fulfill child support obligations.

6. Can I make a lump sum payment to eliminate child support interest?
Yes, making a lump sum payment towards the child support arrears can help eliminate or reduce the interest accrued. Consult with your attorney or the child support enforcement agency to determine the best approach for your situation.

7. Can I enter into a payment plan to clear child support interest?
Yes, you can work with the child support enforcement agency to establish a payment plan that allows you to gradually pay off the arrears, including the interest. It is important to make regular payments as agreed to avoid further accumulation of interest.

8. How can I contest the amount of child support interest claimed?
If you believe that the amount of child support interest claimed is incorrect, you can request a review by the child support enforcement agency. Provide any relevant documentation to support your claim, such as payment receipts or proof of income.

9. Should I seek legal assistance to address child support interest?
While it is not mandatory, seeking legal assistance can be highly beneficial when dealing with child support interest. An experienced family law attorney can guide you through the legal process, negotiate settlements, and ensure your rights are protected.

In conclusion, child support interest can be a significant burden for the paying parent in Texas. However, there are several options available to address and potentially eliminate this interest. Whether through negotiating a settlement, requesting a modification, or making lump sum payments, it is crucial to take proactive steps to address child support interest and fulfill your financial responsibilities towards your children.