A question

[curiousB]

What is the name of your state (only U.S. law)? CO

I have a question and figured I would try to fret out an answer before paying another lawyer. Shortly after my divorce my ex-wife opened a number of credit cards in my name. Her idenity theft was quicly discovered, although I still ended up paying about $82,000 just to avoid screwing up my credit. I obtained a civil judgement against her for the entire amount and there was, of course, criminal charges. One of the conditions of her parole is that she pay the civil judgement by a certain date, which is fast approaching and she has yet to pay a dime of it. Our 16 year old daughter lives with her right now. I have no desire to put my daughter through the humiliation of a having a parent in prison, but I'm also not going to allow her to steal that kind of money from me. So what I was thinking about was offering her this: I'll sign the debt payed in full and in return she will agree to terminate child support. It would probably be a significant discount for her, but I tend to feel this is my best chance of collection. I'm just curious if a family court judge would agree to this? I know family court judges aren't very interested in mom's fraud here, but criminal courts don't care that she has a kid. I'm thinking it shouldn't be a problem, as if we don't reach an agreement soon (or my ex manages to pull $82,000 out of hat) she's going to jail anyway.

 

[cyjeff]

You do not get to negotiate a criminal charge.

That is the DA's job.

She is under a court order. She either complies or she does not.

I would recommend against telling a judge that you want to penalize your daughter (via child support) for her mother's actions.

The money is not for your wife... it is for your child.

 

[cyjeff]

Sorry, that should have said "ex-wife".

 

[curiousB]

You do not get to negotiate a criminal charge.

That is the DA's job.

She is under a court order. She either complies or she does not.

I would recommend against telling a judge that you want to penalize your daughter (via child support) for her mother's actions.

The money is not for your wife... it is for your child.

I'm not negotiating a criminal charge, she's already plead guilty to her crimes. Part of the deal that was included in her plea agreement was that she pay the civil judgement against her. She managed to possibly dodge jail on this, but if she doesn't pay by the dead line the court will consider her in violation of her parole and she will be sent to a federal pen to serve 4-8 years. So no, the sitution isn't she either does it or doesn't do it. She either does it, or she goes to prison.
I really doubt she's going to come up with 80 grand in six weeks when she has yet to hold a job. I'm not penalizing anyone, my ex-wife owes me this money. I'm throwing her a bone here big time. I merely see it as two debts that cancel eachother out, seems to me that's a better option for my daughter (who doesn't want to be uprooted, understandably) than for her mother to not pay it off and end up doing hard time. At this point with me, it's either this deal or my ex is going to be wearing a stripped suit if she doesn't have cash to pay me.

 

[cyjeff]

I'm not negotiating a criminal charge, she's already plead guilty to her crimes. Part of the deal that was included in her plea agreement was that she pay the civil judgement against her. She managed to possibly dodge jail on this, but if she doesn't pay by the dead line the court will consider her in violation of her parole and she will be sent to a federal pen to serve 4-8 years. So no, the sitution isn't she either does it or doesn't do it. She either does it, or she goes to prison.

Okay. Still doesn't give you the right to get in the way of a court order.

I really doubt she's going to come up with 80 grand in six weeks when she has yet to hold a job. I'm not penalizing anyone, my ex-wife owes me this money. I'm throwing her a bone here big time.

You don't seem to get this.

You pay child support to whomever is caring for you child... if that person isn't you.

Just because you pay the ex doesn't mean it is a debt to HER... it is a debt to your daughter. And one the courts WILL NOT let you sign away.

If you want to forgive your ex's debt, that is up to you... but stopping child support is not an option.

I merely see it as two debts that cancel eachother out, seems to me that's a better option for my daughter (who doesn't want to be uprooted, understandably) than for her mother to not pay it off and end up doing hard time.

Then you see it wrong.

At this point with me, it's either this deal or my ex is going to be wearing a stripped suit if she doesn't have cash to pay me.

Then a striped suit it will be.

On the plus side, your child support payments will also stop... when your daughter that needs stability lives at your house.