The Compromise of Arrears Program (COAP) is a legal option available in certain child support cases. It allows a parent to settle their child support debt for less than the total amount owed, particularly when their child received public assistance during periods of non-payment. This program aims to assist parents in managing their arrears while ensuring that the needs of the child remain a priority.
COAP is primarily used in family law cases involving child support. It provides a structured way for parents to address outstanding child support arrears owed to the state. Parents who qualify can enter into agreements with local child support agencies to reduce their debt while complying with current support obligations. This program can help alleviate financial burdens and encourage compliance with child support orders.
Here are a couple of examples of abatement:
Example 1: A parent owes $10,000 in child support arrears because they could not pay during a period of unemployment. They apply for COAP and provide evidence of their current income, showing they can only afford to pay $4,000. After review, the local child support agency agrees to accept this amount as a compromise.
Example 2: A military service member fails to modify their child support order after being activated, resulting in accrued arrears. They can apply for COAP, demonstrating that their income decreased during service and that they are now compliant with current payments. (hypothetical example).
In California, the Compromise of Arrears Program is governed by Cal Fam Code § 17560, which outlines the procedures and requirements for accepting offers in compromise of child support arrears. This statute ensures uniform application across the state and emphasizes the importance of the child's needs and the obligor's ability to pay.
| State | Key Features of COAP |
|---|---|
| California | Statewide program allowing compromises based on ability to pay and compliance with current support. |
| New York | Similar program but may have different eligibility criteria and negotiation processes. |
| Texas | Offers a compromise program but requires different documentation and may have varying thresholds for acceptance. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Description | Difference |
|---|---|---|
| Child Support Arrears | Outstanding child support payments owed. | COAP specifically addresses the reduction of these arrears under certain conditions. |
| Modification of Child Support | A legal change to the existing child support order. | COAP is a compromise on arrears, while modification changes the ongoing support obligation. |
If you owe child support arrears and believe you may qualify for COAP, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
It is a program that allows parents to settle their child support arrears for less than the total amount owed, under certain conditions.