Forgiveness of Child Support Arrears

[72264kids]

What is the name of your state? Florida

I would like to stipulate with the NCP to completely forgive arrears if the NCP gives me a partial lump sum payment.

Can this be done?

If so, then I have another question.

If the stipulation is signed by a judge, will the Florida Department of Revenue honor the stipulation?

I have talked to some folks at the Florida Department of Revenue who indicate that the entire process needs to be done within the Department of Revenue, and I have also heard that the Florida Department of Revenue will honor the judge's signature.

Which is it?

Thanks

 

[Zephyr]

What is the name of your state? Florida

I would like to stipulate with the NCP to completely forgive arrears if the NCP gives me a partial lump sum payment.

Can this be done?

yes


If so, then I have another question.

If the stipulation is signed by a judge, will the Florida Department of Revenue honor the stipulation?

I have talked to some folks at the Florida Department of Revenue who indicate that the entire process needs to be done within the Department of Revenue, and I have also heard that the Florida Department of Revenue will honor the judge's signature.

Which is it?


you have to talk to those people about that.....

Thanks

I would make sure to get your info directly from the courts or DOR....."I have heard" has gotten many people into pickles further down the road

 

[72264kids]

I would make sure to get your info directly from the courts or DOR....."I have heard" has gotten many people into pickles further down the road

Information came "directly" from the DOR. Haven't asked the court yet.

 

[72264kids]

Court says they don't give legal advice. Guess I will have to call back and reach someone else.

 

[Gracie3787]

What is the name of your state? Florida

I would like to stipulate with the NCP to completely forgive arrears if the NCP gives me a partial lump sum payment.

Can this be done?

If so, then I have another question.

If the stipulation is signed by a judge, will the Florida Department of Revenue honor the stipulation?

I have talked to some folks at the Florida Department of Revenue who indicate that the entire process needs to be done within the Department of Revenue, and I have also heard that the Florida Department of Revenue will honor the judge's signature.

Which is it?

Thanks

Do NOT trust the DOR at all. First, everything does NOT have to be done through them, so that is one screwed up statement from them.
Second, and most importantly, anything that is not signed by a Judge (done solely thru DOR) is NOT legal nor binding. In other words, the arrears will still be owed in full, interst will be added, AND there will be NOTHING you or your ex can do to fix the problem later on.

You and ex can get the DOR's help with the stipulation process, however, you need to make sure that a court hearing is held, or that the stipulation will be signed by the Judge.

 

[GrowUp!]

Court says they don't give legal advice. Guess I will have to call back and reach someone else.

If "someone else" is ANYONE working in the court, they will not give legal advice either. Law prohibits it. The "someone else" you should consulting is a lawyer.

Plus, if you want a "lump sum payment", then you are NOT forgiving arrears. As others have stated, a Judge's signature must be on any official proceeding regarding child support.

 

[72264kids]

If "someone else" is ANYONE working in the court, they will not give legal advice either. Law prohibits it. The "someone else" you should consulting is a lawyer.

Plus, if you want a "lump sum payment", then you are NOT forgiving arrears. As others have stated, a Judge's signature must be on any official proceeding regarding child support.

Well in actuality, this is the first time that someone at the court has not given me advice. I fully understand what you are saying, but sometimes people there have given me advice, so I figured that I would just ask.

Partial forgiveness of arrears, is still "forgiveness".

Thank you for your advice concerning the indication that a judge must sign any proceeding concerning child support.

 

[72264kids]

Do NOT trust the DOR at all. First, everything does NOT have to be done through them, so that is one screwed up statement from them.
Second, and most importantly, anything that is not signed by a Judge (done solely thru DOR) is NOT legal nor binding. In other words, the arrears will still be owed in full, interst will be added, AND there will be NOTHING you or your ex can do to fix the problem later on.

You and ex can get the DOR's help with the stipulation process, however, you need to make sure that a court hearing is held, or that the stipulation will be signed by the Judge.

Gracie3787

Thank you for your advice. Ex and I are pretty good at drafting stipulations and having them signed by a judge without a lawyer, so we would rather do this ourself without DOR getting involved.

However, 2 questions still remain.

1) Would the DOR really obey an order signed by a judge?

Then why wouldn't a creditor have to obey an order signed by a judge?

Example - My ex's vehicle gets repossesed. Judge indicated on signed final judgement that I was not to be held financially responsible for my ex's vehicle, yet the repo still appears on my credit report, and the creditor is free to continue to hold me financially responsible.
Now all I can do is sue my ex for contempt.

Would the scenario not be the same for the DOR? (Meaning wouldn't the judge's signature be useless as in the above scenario?)

2) Does forgiveness of arrears require new financial affidavit's to be filled out if both parties stipulate to it? DOR says no, but I don't trust DOR as you say.

Thanks