________
________
Telephone: ________
Email: ________
Date: ________
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND FIRST-CLASS MAIL
________
________
RE: FORMAL DEMAND FOR PAYMENT OF PAST-DUE CHILD SUPPORT ARREARAGES
Court Case/Cause No.: ________
Minor Child(ren): ________
Dear ________:
§ 1. Purpose of This Letter. This letter constitutes a formal written demand for the payment of past-due child support (the “Arrearages”) owed by you. This letter is sent in an effort to resolve this matter without the necessity of further legal proceedings. Please read it carefully and respond within the time specified below.
§ 2. The Underlying Support Obligation. Your obligation to pay child support is established by ________, entered or executed on ________ by ________ (the “Support Order”). Pursuant to the Support Order, you are obligated to pay child support in the amount of $________ (________), payable on the following recurring basis: ________, commencing on ________.
§ 3. Default and Amount Past Due. As of the date of this letter, you have failed to comply with the Support Order. According to my records, support payments are past due for the period from ________ through ________, in the total principal amount of $________ (________), plus statutory interest accruing on the unpaid balance at the rate of ________ per annum as provided by applicable state law.
§ 4. Non-Dischargeability and Accrual. You are advised that, under 11 U.S.C. § 523(a)(5) and § 101(14A), a “domestic support obligation” is not dischargeable in bankruptcy. Each unpaid installment of child support becomes a vested, enforceable money judgment as it accrues under applicable state law and may not be retroactively modified. Interest continues to accrue on all unpaid amounts until paid in full.
§ 5. Demand for Payment. Demand is hereby made that you remit the full past-due amount of $________, plus any additional installments that come due before payment, immediately upon receipt of this letter. Payment must be made by cash, certified check, money order, or other guaranteed funds payable to ________ and delivered to the address set forth above, or through the applicable state disbursement unit as required by the Support Order.
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§ 8. Response Deadline. You must remit payment in full or contact me to arrange an acceptable resolution on or before ________. If you fail to respond by that date, legal action to enforce your obligations under the Support Order may be commenced without further notice.
§ 9. Reservation of Rights. Nothing in this letter shall be construed as a waiver of any right or remedy available to me, all of which are expressly reserved. The acceptance of any partial payment shall not waive the right to pursue collection of the full balance owed.
§ 10. Dispute of Amount. If you believe any portion of the amount stated above is incorrect, you must notify me in writing, with supporting documentation, on or before the response date set forth above.
Sincerely,
________
________
Enclosures: ________