# Waiving Child Support Arrears is Mission Impossible – Copy

- Link: https://thechildsupporthustle.com/waiving-child-support-arrears-is-mission-impossible-copy/
- Published: 2024-11-27T23:10:53+00:00
- Author: MsRockMon

⌊\"\"⌉⌊\"\"⌉July 16, 2014

 [⌊\"\"⌉](https://thechildsupporthustle.com/waiving-child-support-arrears-is-mission-impossible-copy/\"https://www.typecalendar.com/child-support-agreement.html\")

Kenya N. Rahmaan

There are currently 29 states that have official child support debt compromise programs
as part of their child support programs. Other states claim that they decide on 
debt compromise based on individual cases and situations. Although these programs
could offer some sense of relief to parents who owe large amounts of arrears, the
validity of these programs benefiting those parents is questionable. The state of
Ohio reports operating a fully implemented debt compromise program since 2009.

According to the National Conference of State Legislation or NCSL (2014), the regulation
allowed the Ohio Department of Job and Family Services (ODJFS) to promulgate rules
on the waiver and compromise of permanently assigned arrears. This rule relates 
to child support debt owed exclusively to the state to receive Temporary Aid for
Needy Family (TANF) benefits. These debts can increase to alarmingly high amounts
compared to the meager amount of money provided to the families as a welfare grant.
The idea of repaying a relatively low sum of money accompanied by interest and penalty
fees is commensurable to predatory lending practices.

Some states have implemented debt compromise programs to combat high debt that are
too difficult for the noncustodial parent to complete. The law states that the Department
developed rules that provide flexibility to local agencies in making these determinations(
NCSL, 2014). Unfortunately, the flexibility afforded the agencies does not seem 
to be standard practice. Researching for statistics reflecting the active debt compromise
programs is nonexistent.

The department clearly expresses all criteria that must be met but fails to vindicate
the effectiveness of the debt compromise programs.  The only conclusion for the 
lack of positive data is that very few parents benefit from these programs. One 
may be permitted to request a waiver for owed arrears by proving whether the compromise
would be in the state\’s best interest.  These policies should present an uncomfortable
position for the states since the government emphatically maintains that its unjust
practices, which target parents, are in the best interest of the \’child.\’

Along with promoting paying current child support and being responsible for one\’
s children, the state\’s best interest includes one key element that people should
not ignore.  According to the ODJFS, the best interest of the state of Ohio refers
to the state avoiding the accrual of uncollectable debt that harms the state of 
Ohio\’s child support program.   The negative effect is directly akin to the number
of grants and incentive payments that the state receives based on mandated performance
measures.   The ODJFS clearly states in the debt compromise rules, and regulations
that arrears compromise must maximize receipt by the state or federal incentives
based on the performance of the child support program (ODJFS).

These are but a few examples of mandated criteria that states and agencies must 
meet before considering child support debt forgiveness.  The government will consider
excusing the debt when, among other limited reasons, the noncustodial parent is 
incapacitated, unemployed, underemployed, or incarcerated, which prevents a modification
request.   The list goes on, and the lack of data on the success of the debt compromise
programs is nonexistent.

The ethical thing to do is to provide some relief when income does not meet the 
debt amount.   However, the government refuses to mandate that the states pass that
relief on to the parents.   It does not benefit parents to have these debt compromise
programs in place but fail to utilize them in a meaningful way. As long as debt 
compromise programs are mere options for states, parents will remain indebted to
the government.

References:

_National Conference of State Legislation. (n.d.). State Child Support Agencies 
with Debt Compromise Policies. Retrieved April 30, 2014, from http://www.ncsl.org/
research/human-services/state-child-support-debt-compromise-policies.aspx_

_Office of Child Support Enforcement. (2011, September). State Child Support Agencies
With Debt Compromise Policies | Office of Child Support Enforcement | Administration
for Children and Families. Retrieved April 30, 2014, from _