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Arrears Dissmissal

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Grifterq

Junior Member
What is the name of your state (only U.S. law)? NY

I am in the midst of divorce proceedings. Due to the very complicated mess that has become of my divorce I currently owe $59,000 in support payment arrears. Mind you, I'm no deadbeat dad. This was retroactive support based upon my previous salary and based upon a mortgage for a $500,000 house that I never agreed to buy her. Nevertheless, the judge felt it was neccessary for her to remain in her "acustomed lifestyle" even though she only decided to buy the house and acustom herself after we decided that things were coming to a head on the divorce.

The arrears are such a large sum that I cannot pay them without going back overseas to take up a job that would enable me to make that kind of money. However, due to the arrears my passport will soon be suspended acorrding to a letter I recieved recently from the NY Support Collection Unit.

There is also the matter of about 100K in credit card debt she has ammassed. 60K of that was her paying for 2 years of college.

In the interest of getting on with my life I am prepared to make her a good offer (in my opinion). I will shoulder the responsibility for selling off the house. I will shoulder the credit card debts. I will abide by the 17% maximum child support. I will not attempt to file fraud charges against her as per my plans. All she needs to do is agree to ask the Judge to dissmiss the acumulated support arrears that are preventing me from getting work in the first place. If the judge were to dismiss the arrears, I would be willing to shoulder the rest.

The question is: CAN the judge legally forgive the arrears??

Question 2 is: IS THIS A GOOD IDEA?

Keep in mind that if the she does not agree to have the arrears dismissed, then I don't get my passport. If I don't get my passport, I can't go overseas to earn enough money to pay anything. I cannot pay the arrears earning the small amount that I am earning here in the states. If I go overseas it is not unreasonable to say that I could pay all of this off in about a year.
 


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seniorjudge

Senior Member
The question is: CAN the judge legally forgive the arrears??

Question 2 is: IS THIS A GOOD IDEA?

We can't tell you if this will work.

Have your lawyer try it.
 
B

Bali Hai

Senior Member
Grifterq said:
What is the name of your state (only U.S. law)? NY

I am in the midst of divorce proceedings. Due to the very complicated mess that has become of my divorce I currently owe $59,000 in support payment arrears. Mind you, I'm no deadbeat dad. This was retroactive support based upon my previous salary and based upon a mortgage for a $500,000 house that I never agreed to buy her. Nevertheless, the judge felt it was neccessary for her to remain in her "acustomed lifestyle" even though she only decided to buy the house and acustom herself after we decided that things were coming to a head on the divorce.

The arrears are such a large sum that I cannot pay them without going back overseas to take up a job that would enable me to make that kind of money. However, due to the arrears my passport will soon be suspended acorrding to a letter I recieved recently from the NY Support Collection Unit.

There is also the matter of about 100K in credit card debt she has ammassed. 60K of that was her paying for 2 years of college.

In the interest of getting on with my life I am prepared to make her a good offer (in my opinion). I will shoulder the responsibility for selling off the house. I will shoulder the credit card debts. I will abide by the 17% maximum child support. I will not attempt to file fraud charges against her as per my plans. All she needs to do is agree to ask the Judge to dissmiss the acumulated support arrears that are preventing me from getting work in the first place. If the judge were to dismiss the arrears, I would be willing to shoulder the rest.

The question is: CAN the judge legally forgive the arrears??

Question 2 is: IS THIS A GOOD IDEA?

Keep in mind that if the she does not agree to have the arrears dismissed, then I don't get my passport. If I don't get my passport, I can't go overseas to earn enough money to pay anything. I cannot pay the arrears earning the small amount that I am earning here in the states. If I go overseas it is not unreasonable to say that I could pay all of this off in about a year.
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If you go overseas, won't you be in the same situation you are now when you return?
 
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seniorjudge

Senior Member
LdiJ said:
Not if he marries someone from whatever country that is.
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Well, he certainly doesn't want to go to Monaco.

That is a very poor country.

In fact, there is a terrible fabric shortage there.

I saw evidence of it at the municipal swimming pool.
 
B

Bali Hai

Senior Member
Ohiogal said:
He may not even be a US citizen or he may have dual citizenship.
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He said if his passport is suspended, he can't go overseas. And the US government can't suspend a passport from another country, so I have to believe that he is a US citizen with only a US passport.
 
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Grifterq

Junior Member
Monaco?!?!

Yes, I have a US passport. No I do not pan on skipping out or something. I work for the government in war zones. The money there is simply better although short term. 40k here vs 180k there for the same job. As far as I see it's the only way out of my hole.

Anyone else with real answers? Anyone see this type of situation before?
 
M

MFinancier

Member
Ohiogal said:
Oh you think he will return from overseas? :confused:
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Wants the past support forgiven so he can get out of the country? Can only make big bucks overseas? Can't afford to pay the 59K in back support...but promises to pay the 100K credit card bill and continue future support if only he can leave the country...hmmmm...I know what your thinking Gal? Check out his handle...Grifter
 
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Ohiogal

Ohiogal

Queen Bee
MFinancier said:
Wants the past support forgiven so he can get out of the country? Can only make big bucks overseas? Can't afford to pay the 59K in back support...but promises to pay the 100K credit card bill and continue future support if only he can leave the country...hmmmm...I know what your thinking Gal? Check out his handle...Grifter
Click to expand...
Saw his handle. Not impressed. :rolleyes:
 
LdiJ

LdiJ

Senior Member
Grifterq said:
Monaco?!?!

Yes, I have a US passport. No I do not pan on skipping out or something. I work for the government in war zones. The money there is simply better although short term. 40k here vs 180k there for the same job. As far as I see it's the only way out of my hole.

Anyone else with real answers? Anyone see this type of situation before?
Click to expand...
I understand that your desire is to make serious money as opposed to skipping out. However, the problem is that if you get to leave the country, you CAN skip out and that is what the judge is going to be required to consider. You could country hop for many years, or simply settle somewhere else where immigration isn't difficult.

If you can convince your ex and her attorney that you won't skip out, and if you are able to post a bond (which means finding someone who is willing to issue one) for some considerable amount of money to be paid to your ex if you do skip out, you might prevail in negotiations.

There are ways to make it happen, but it may require some considerable tying up of either your assets, or maybe even your parent's assets, to make it happen. Basically either you, or someone you truly care about, is going to have to suffer financially if you skip out, for it to work.

For example, if your parents put their house up as collateral for the bond, if you skip, its far more likely that it will be believed that you will NOT skip. Or if you have a significant asset (that isn't marital) that you would lose if you skipped, again, its likely to be believed that you won't skip.

Then there is the whole life insurance issue. You can't get private life insurance if you are going to work in war zones, but if the company you work for provides life insurance, agreeing to make your ex the beneficiary as long as you are overseas is another bargaining chip.

The bottom line is that you are going to need more than your word that you won't skip.
 
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