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Can arrears be forgiven (even partially) if CP is opposed to it?

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va445612

Guest
What is the name of your state? VA jurisdiction in FL

Just curious, I doubt it, but I am willing to file a petition for it anyways.

Thanks
 


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va445612

Guest
I don't know why I need to be any more specific, maybe you could specify what details I am not being specicific about? To me it's a general question, but here goes:

I am 8k in arrears, jurisdiction is in the State of Florida, I have been out of work several times since my Child Support payments were ordered in 2002. I did not how to file for a downward modification of Child Support during those time periods, so the arrears began to accumulate.

The original order included payment of the "initial arrears" of about 3k, but did not include above mentioned difference in arrears of about 5K.

I have consecutively payed child support to the PAYEE through the State Disbursement Unit for the required amount (which includes said amount) for the past year.

However the State of Florida DOR wants me to pay more towards said arrears. I am presently at my capacity to pay.

I hope this is enough.
 

BelizeBreeze

Senior Member
va445612 said:
I don't know why I need to be any more specific, maybe you could specify what details I am not being specicific about? To me it's a general question, but here goes:

I am 8k in arrears, jurisdiction is in the State of Florida, I have been out of work several times since my Child Support payments were ordered in 2002. I did not how to file for a downward modification of Child Support during those time periods, so the arrears began to accumulate.

The original order included payment of the "initial arrears" of about 3k, but did not include above mentioned difference in arrears of about 5K.

I have consecutively payed child support to the PAYEE through the State Disbursement Unit for the required amount (which includes said amount) for the past year.

However the State of Florida DOR wants me to pay more towards said arrears. I am presently at my capacity to pay.

I hope this is enough.
Based on the above, I fail to see any grounds for which the arrears can or will be forgiven. The payee does not have legal right to such 'permission' and the court, absent the showing of fraud or duress, will likely not hear the case.
 
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va445612

Guest
Thanks for your time,

What are some grounds where the court might hear a case if the CP is opposed to forgiveness? Is it just fraud and duress?
 

stealth2

Under the Radar Member
Why should your lack of knowledge on how to file for a downward modification (and the reason for your unemployment would be a large factor in whether you'd get one anyway) mean that your ex has to pick up the slack?
 
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va445612

Guest
Why answer that question? e.g. CP works under the table, who cares?

My question remains unanswered.
 
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va445612

Guest
Why answer a question with a question?

I am asking for all legal reasons why arrears are or are not forgiveable.
 

BelizeBreeze

Senior Member
va445612 said:
Why answer that question? e.g. CP works under the table, who cares?

My question remains unanswered.
You question was answered. Whether you recognize that or not, or like it or not, is immaterial.
 
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va445612

Guest
The answer would be that you refuse to answer, or seem to have some other reason as to why you choose to "dance".
 

stealth2

Under the Radar Member
va445612 said:
Why answer a question with a question?

I am asking for all legal reasons why arrears are or are not forgiveable.
Your ignorance isn't a reason to forgive arrears. I figured by asking the question you might realize that. You know, exercise those brain cells a bit. Hell - you could be dead and it wouldn't mean the arrears would be forgiven - they'd come out of your estate. You had a responsibility to your child. Period.
 

BelizeBreeze

Senior Member
BelizeBreeze said:
Based on the above, I fail to see any grounds for which the arrears can or will be forgiven. The payee does not have legal right to such 'permission' and the court, absent the showing of fraud or duress, will likely not hear the case.
THAT was your answer.

Now, go find an attorney in your area, pay them $400 to tell you the same thing, and maybe they will put up with your juvenille games.
 
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nicetryadmin

Guest
va445612 said:
The answer would be that you refuse to answer, or seem to have some other reason as to why you choose to "dance".
Ya know, I was willing to give you another avenue to explore, but since you're going to be an a**hole to everyone who's responded because YOU didn't like the answer, fornicate it.
 
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