signing off on arrears

[whmiller13]

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

I currently live in Arizona, but my ex and children live in California.

the support order is in californa.

I owe arrears, quite a bit.. My ex and I are on good terms and both know that the arrears will never be paid off.

He has offered to sign off on them, saying that I don't owe them. I of course will continue to pay my current order, which I have been paying religiously for several years now.

Is that even a possibility? Can he do that?

Thank you for your help!

 

[latigo]

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

I currently live in Arizona, but my ex and children live in California.

the support order is in californa.

I owe arrears, quite a bit.. My ex and I are on good terms and both know that the arrears will never be paid off.

He has offered to sign off on them, saying that I don't owe them. I of course will continue to pay my current order, which I have been paying religiously for several years now.

Is that even a possibility? Can he do that?

Thank you for your help!

What means "sign off on them"?

Do you mean to say that the father has offered to waive and forego any future attempts to collect the arrearages?

If so, what would be the consideration binding him to such a waiver? That is if he should ignore it and subsequently apply for a money judgment covering the indebtedness and/or seek to have you cited as being in contempt of the court's order, what argument could you make to the court supporting the agreement?

There would be no mutuality of obligation whatsoever. You would be giving up nothing in exchange for such an agreement.

Moreover, public policy would prevent you from raising the defense of promissory estoppel. A policy that favors the rights of minor children to look to their parents for financial support.

 

[wavehopper27]

Couldn't he just contact CA CES and say she paid him in full and provide her with a receipt saying she did?

 

[latigo]

Couldn't he just contact CA CES and say she paid him in full and provide her with a receipt saying she did?

I don't know what "CES" is supposed to represent. But if you are referring to the California Department of Child Support Services, what leads you to believe that that agency is in anyway involved?

 

[Zigner]

I don't know what "CES" is supposed to represent. But if you are referring to the California Department of Child Support Services, what leads you to believe that that agency is in anyway involved?

It's a typo lat...CA CSE https://www.cse.ca.gov/

 

[wavehopper27]

Yes, typo. My bad.

Anywho, if she has a significant arrears balance and is looking for legal advice about how dad can can get it off the books, it's not a far stretch to assume that child support enforcement is involved.