Arrears / Arrearages is an unpaid, deficiency or past due payments owed for the support of the
child or spousal those which is during the end of month, with the amount paid for the month required
under court order although due to be paid. Any excess payments are applied to the future accumulated
with the previously existing arrearages. If the arrearage is equal or greater than one month of support
obligation, the case is delinquent and many enforcement remedies may be triggered upon pursue
collection of a default notice to the Obligor.
The custodial parent (CP) or the spouse (who received the support) can serve with a Notice of
Delinquency (an arrearage affidavit) to the court. They also can form the request penalties of 6% per
month on the unpaid balance if the payment was more than 30 days in arrears (usually on the child
support) when the form was filed.
For Example; In Ohio State, when Obligors making between -
- $0 and $10,000 annually owe about 31% of the arrearages.
- $10,001 and $20,000 annually owe about 14% of the arrearages.
- $20,001 and $40,000 annually owe about 12% of the arrearages.
- more than $40,000 owe about 4% of all arrearages.
However, the support obligor can refuse the determined if obligor suffered serious illness, disability, or
unemployment that substantially impaired his or her ability to comply fully with the support order. The
obligor must be attached the statement to explain the reasons relating to fiscal difficulties and possible
effort to comply with the support order.
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