Child support waiver/affidavit

[justalayman]

Yes. And she has agreed to sign it. We've spent the last 10 years in this arrangement. I've never missed a payment. I'm just looking for a way to protect myself in the event that the AG ever questions why I haven't paid child support through their office.

Her statement, if any, carries the weight. Your statement is meaningless. If all it took was the obligor to write; I paid [this] in lieu of making child support payments, there would be millions of affidavits written today and the obligor deciding what they could pay (that benefits themselves no less) in lieu of paying child support.

You need her to state the agreement a lot more than you stating it.

You also do not have her sign your affidavit. She would sign her own affidavit. An affidavit is a statement attested to as true by the affiant.

 

[Jim-K]

Her statement, if any, carries the weight. Your statement is meaningless. If all it took was the obligor to write; I paid [this] in lieu of making child support payments, there would be millions of affidavits written today and the obligor deciding what they could pay (that benefits themselves no less) in lieu of paying child support.

You need her to state the agreement a lot more than you stating it.

You also do not have her sign your affidavit. She would sign her own affidavit. An affidavit is a statement attested to as true by the affiant.

Thank you for the clarification. I know little about legal matters, which is why I came to this site: to seek advice on how to write what I believed was a fairly simple document that would clarify how we treated our child support arrangement and showed that I had fulfilled my obligation and that she had no beef with how it all went down.

 

[HRZ]

WHy not an even simpler statement as to you paid -and she received $ xxx for the period x to y and parties agree itmis n full safisfaction of all sums owed ( but for amounts due on refinance or sale of home ) ....and no comments about what went where and why .

Obviously one can stir up debate about character of funds ....but I think the wife was the smarter of the two...apparently she got a bit more than was ordered. PLUS she got benefit of free ride on his equity and credit for the duration of the deal , over simplified, if she owed him $50,000 in say 2010 but she is just now paying 50,000 n 2018 that's a pretty nice interest free "loan"

None if this really matters...just get a simple acknowledgement of funds paid...and move on / closure

BTW what was the nature of issue addessed to counsel?

You do not sign off on deed to her until the existing note is satisfied AND you have correct cash or equivalent in hand for your payout ....

 

[Ohiogal]

Have her write a statement forgiving ANY arrearages for child support that are due and payable to her as she considers the child support paid in full. Then have her sign it in front of a notary and submit it to child support.