When a borrower’s receipt of maintenance or child support income is less than the 12 month requirement, what documentation is requested to satisfy the ATR’s requirement of, “adequately documenting the payer’s ability and willingness to make timely payments”?

You will not be able to rely upon a statement from the payer as all documents to support the ability to repay must be from an independent third party. In this case, that might include cancelled checks, deposit slips, tax returns, or court records.

In many states, payments are made through a central payment center and they will have records of payments.

Or if its paid through the county- go to the court trustee and ask for payment records for that case. I would think that if you can provide them with a sign borrower authorization to release info, you wouldnt have any problems.

And lastly, if it is simply paid between parents with no 3rd party involved, we have previously had the title company write up an Affidavit of Child Support for the payor and payee to sign that states that all payments have been made and there is no arrears.