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Can CS Arrears be forgiven?

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coosi

Guest
What is the name of your state? AZ

Is their a way to forgive child support arrears that are owed to the CP (not the state)? For example, in exchange for some home repair, etc.?
 


wenwas

Member
I know in WI you can forgive arrears by contacting your child support agent and they will set it up for you. It's not a choice I would make but if you want to ask your agent about it.
 
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coosi

Guest
Thanx

The three children are all over 18 and now in college and the NCP still owes over $80,000, so CP is thinking, since some home repairs and/or improvements are in the future, (and CP will probably never see all the arrears) might be something to negotiate!

Thank you for your reply...
 
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3kidsmom

Guest
Coosie

My ex owes $37K in arrears, he recently started paying, due to income deduction by the state. I keep only the original ordered amt, and return the arrears to him.

Not all states will allow the payee to forgive the arrears, check your states statutes. :)
 
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hbriggs007

Guest
I thought if the CP is willing to forgive the arrears, they can have an agreed order written up and have a judge sign on it?? That's what happened to an old co-worker of mine anyways, which she was the CP who had forgiven the arrears. Of course this may differ state to state.
 

nextwife

Senior Member
IT makes perfect sense fo the CP to have the right to forgive or negotiate money owed to them, After all, they may have a better knowledge of all aspects of the situation. Maybe the guy is 55, overweight, has high blood pressure, and his dad dropped dead of a heart attack at 50? Would she want to hold out and pray she gets the whole thing, negotiate and get less than she wanted, but have that cash in hand. or see him die before she gets a penney (with no estate to go after)? What if he is a diabetic who is not diligent about his sugar and carb intake? Etc. If CP determines there is a chance she may not get paid the whole thing if she waits, why shouldn't she or he have the same right to accept a cash or goods settlement that anyone else owed a debt is entitled to?

Heck, my dad once took a crop of potatoes and an older car (which I got to drive through college) as a payment toward some real estate he owned and wanted to sell. Sure, not having the cash may have impacted on money he had to support us, but he made the determination that this was a viable settlement, and a reasonable long term decision.
 

Grace_Adler

Senior Member
This is what I heard a judge tell CPs here about forgiving arrears.

"I'll let you do it this time, since it's your first time but if you ever want to do it again, I won't allow it."

I think it just has to do with where you live and what judge you get but I think generally, they will agree to it, especially if it's the first time. I'm pretty sure they will give someone a hard time about it though and try to talk them out of it.
 

nextwife

Senior Member
i'm curious about something.

If there is no current support order (as the kids are emancipated) and only arrearas, does this need to go to court for approval? Is the CP entitled to notify CSE by notarized letter that they have recieved the equivilent of the arrears in goods and services as payment for the arrears and are no longer owed anything more? THat they, the CP, consider to have recieved payment in full directly? Obviously, labor cannot be passed through CSE.
 

BL

Senior Member
Is their a way to forgive child support arrears that are owed to the CP (not the state)? [ QUOTE ]

If the State is NOT involved , Why would CSE be involved anyways.

If these payments were ordered to be paid directly, the obliger should be able to forgive them.

Although If this was recorded in Court records the obliger could NOT reverse it.

I don't know if it would be legal to draw up a contract with exchange for arrears.

Maybe if the arrears were reduced to a Judgment, a contract could be drawn up ?
 
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coosi

Guest
Arrears are ~$80,000, only want to forgive ~$10,000-$15,000

CSE is through the state and needs to continue that way (interstate) (If direct payment were allowed, probably wouldn't get ANY of it)

There was a judgement of ~$90,000 entered on the arrears ~5 years ago and regular payments ($90 to arrears + $450 to CS) began then and have continued regularly

CP is trying to work with NCP, but not relieve NCP of ALL arrears...
 

BL

Senior Member
Arrears are ~$80,000, only want to forgive ~$10,000-$15,000

CSE is through the state and needs to continue that way
[ QUOTE ]


I believe that is your answer then ..

BTW, I personally can't stand a person capable of Paying for their child's upbringing, when they are capable of it ... I feel no sympathy.

People that are low income and in on fixed incomes are made to pay or else ?? and they do Use any Enforcement methods necessary.

The More advantaged think the have a right somehow to disregard the care of their children..
 
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C

coosi

Guest
Arrears are ~$80,000, only want to forgive ~$10,000-$15,000

CSE is through the state and needs to continue that way
[ QUOTE ]


I believe that is your answer then ..

BTW, I personally can't stand a person capable of Paying for their child's upbringing, when they are capable of it ... I feel no sympathy.

People that are low income and in on fixed incomes are made to pay or else ?? and they do Use any Enforcement methods necessary.

The More advantaged think the have a right somehow to disregard the care of their children.."

I'm not following...

The state is owed about $4200 at the very beginning of the CS process, so the states wouldn't be collected until the $74,000+ is paid back to the CP.. ALL arrears are going to the CP...
 

Tinaa

Member
I forgave part of the arrears my ex owed, hoping to foster a relationship between he and our kids. I told the TX OAG and they wrote it up, I signed it and poof 7500+ was gone.

On a side note, the jerk has not even called them one time since July. I had them call once, but I'm not going to set them up for a fall again. Am I just being selfish and stubborn?

Take what you can from the NCP. If it will help the kids, that's all that counts. I'm sure home repairs will benefit the whole family as you won't have to pay for them out of pocket. I think I'm a bit jaded though! And get the repairs done first before erasing the debt.
 

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