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https://www.edgarfamilylaw.com/blog/2017/may/are-there-equitable-remedies-defenses-to-child-s/
May 19, 2017 · However, the court has stated that an action to enforce a child support obligation is an equitable proceeding and the court does have some discretion is adjusting child support arrears. An action to enforce a child support obligation is an equitable proceeding, “in which the trial court is permitted the broadest discretion in order to achieve fairness and equity.”
https://www.legalmatch.com/law-library/article/child-support-arrears.html
What Is the Compromise of Arrears Program? In certain child support cases, the law allows a non-custodial parent to pay less than the total child support if the custodial parent receives public assistance. Should I Contact a Lawyer Regarding Child Support Arrears? Yes. If you are owed back child support, you need to talk to a child support attorney. The attorney will advise you how to obtain the money, …
http://www.duhaime.org/LegalResources/familylaw/lawarticle-315/arrears-family-maintenance-and-spousal-support--the-must-know-cases.aspx
Lalonde v Lalonde (2005): An application to cancel or reduce arrears often involves analysis of the Child Support Guidelines which allow the Court to impute income where the Payor is intentionally unemployed or underemployed. In this Ontario case, Boyd Lalonde's application to cancel arrears met with an abrupt judicial response.
https://law.justia.com/cases/new-york/court-of-appeals/1997/90-n-y-2d-166-0.html
The Family Court Act analogue likewise mandates that any Family Court modification, set aside or vacatur "shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section" and "shall not reduce or annul any other arrears unless the defaulting party shows good cause for failure to make application for relief * * * prior to the accrual of the arrears" …
https://cssd.lacounty.gov/enforcing-a-court-order/
a Court Order One of the primary functions of the Child Support Service Department (CSSD) is to enforce (collect) child support, family support and spousal support. In most cases we enforce current child support, family support and spousal support only until the child reaches the age of majority (AOM) or emancipates by law.
http://www.nycourts.gov/ip/partnersinjustice/Child-Support.pdf
While courts cannot currently waive child support arrears, OTDA has the discretion to forgive arrears owed to it. OTDA should craft more equitable policies that forgive arrears accrued during incarceration.
https://www.acf.hhs.gov/css/state-child-support-agencies-with-debt-compromise-policies-map
A state statute gives the child support program the authority to waive, reduce, or negotiate the payment of state-owed arrears for administrative child support orders if it is determined that there is good cause for nonpayment or that enforcement would result in substantial and unreasonable hardship to the parent or parents responsible for the support. Courts have discretion in applying or waiving past due interest owed on arrears.
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