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can past arrears be forgiven by custodial parent

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zebsplace

Junior Member
What is the name of your state? New York...
I have arrears dating back alittle.... my daughter is now 27 yrs old... DCSE has seized my bank account....and froze the account until paid in full.... My Ex wants to have DCSE stop its action and then Forgive me of This Debt to her.... is this possible.... and how do I go about it.... what forms and where do I apply for them.... I would greatly appreciate any help.... Thank You
 


nextwife

Senior Member
As I frequently deal with situations in which creditors agree to settle with debtors to a lesser amount than what is owed to them, it's hard to understand why a party owed a CS arrearage is not entitled to the same right to agree to accept less than their original judgment than, say, Capitol One is entitled to.
 

garrula lingua

Senior Member
Mom has to close her account with DCSE (do a simple hand-written statement (with receipt) identifying the case # & name, stating Mom does not want DCSE to pursue any child support collection of current or arrearages on her behalf as of such & such a date).

If any arrearages are due to Tanf/AFDC/welfare, then the state has the right to continue to collect that portion of arrears due to the welfare payments.

If this is a DCSE which is difficult to deal with, Mom can get this notarized, copied, then bring the original to DCSE & have them date-stamp her copy as proof of receipt.

Mom has the right to waive arrears due her.
DCSE workers will not assist Mom in doing a waiver, as it goes against the truism that child support is for the child, not the parent (they are federally funded to collect cs, not to assist in waiving cs).

Mom has the right to do this, regardless of which Title IV agency is involved (but, the
amount due as repayment of welfare can still be collected by DCSE).

After Mom's case is closed, Mom and Dad must enter into a stipulation regarding the amount of cs due, (zero) and file that with the court (otherwise the arrearage still exists).
 
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fairisfair

Senior Member
As I frequently deal with situations in which creditors agree to settle with debtors to a lesser amount than what is owed to them, it's hard to understand why a party owed a CS arrearage is not entitled to the same right to agree to accept less than their original judgment than, say, Capitol One is entitled to.
I believe that SJ's point is that a CP can agree to forgive arrears, but only a court can actually forgive them. Just like, I can agree to a divorce settlement, but only a court can award the divorce
 

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