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    farmer1970's Avatar
    farmer1970 Posts: 2, Reputation: 1
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    #1

    Dec 24, 2011, 12:02 PM
    Odd child support case
    I have been divorced for about 8 years and over that time I have paid child support as much as I could with switching jobs and moving. I have tried and tried to have my case reviewed with no luck they refuse to work with me. I live in Ohio now support case is in Florida and my ex lives in Colorado now with her new husband, we have a good relationship and she has written letters to child support to review my case and still nothing. My question is can she go to court and sign off on child support and arrears? She is willing to do that but I am not sure if she is able to, if the courts will allow it.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Dec 24, 2011, 12:10 PM
    Has she gone in person to the local child support office and discussed this with them. Letters have a bad habit of going unanswered whereas showing up in person and speaking to a supervisor has much better results.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 24, 2011, 12:14 PM
    The only thing that can change a Court Order is... a Court Order. Unless/until that initial Order is changed by another Order you owe child support in the amount set by the Judge.

    Is support being handled by a collection unit, payroll deduction, something other than voluntary payment?

    If she is a resident of Colorado get the matter transferred there and get the support reduced.

    Why doesn't she "simply" accept the support and send it back to you or the portion you agree on?

    Not paying according to the Order for whatever reason is a dangerous practice. At any time "she" can come back and attempt to hold you in contempt.
    farmer1970's Avatar
    farmer1970 Posts: 2, Reputation: 1
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    #4

    Dec 24, 2011, 12:17 PM
    No she hasn't.. I kind of wanted to get some input on it before I suggest it to her... I was told that anyone receiving child support can go to court and sign off and say they don't want it any more. Is it totally up to her or can the state mandate it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #5

    Dec 24, 2011, 12:58 PM
    Letters and phone calls do no good, going in person would do little.

    A formal motion to modify the child support order is the only thing that can change the amount you owe.

    So unless you did that before, you were not doing what it took to change the amount you had to pay. The amount you pay is based on income, and can be changed if your income changes, but you can only do that by filing a motion in court and normally appearing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 24, 2011, 01:18 PM
    No a person can't just sign away the arrears. And as noted, it will require a court order to change the amount.

    You claim you have "tried and tried" to get it reviewed. But did you ever actually submit a petition to the FL court to modify the support order?

    Colorado now has jurisdiction, but your ex will need to petition to have it moved from FL.
    cdad's Avatar
    cdad Posts: 12,696, Reputation: 1438
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    #7

    Dec 24, 2011, 03:02 PM
    Quote Originally Posted by ScottGem View Post
    No a person can't just sign away the arrears. And as noted, it will require a court order to change the amount.
    Actually a person can sign away the arrears if it is owed to them. Then it has to be ratified by the system. If child support agency sees that the arrears are paid in full then they cn no longer collect on them.

    If the arrears are owed to the state then a compromise could happen to reduce the amount.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Dec 24, 2011, 06:04 PM
    I said can't JUST sign away the arrears. Certainly the custodial parent can sign a document waiving their right to the arrears. But until a court ratifies it the arrears are still owed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Dec 25, 2011, 08:52 AM
    That's why I asked who is collecting the arrears - I'm not so sure they can be "waived."
    Tarajio's Avatar
    Tarajio Posts: 19, Reputation: -6
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    #10

    Dec 25, 2011, 09:17 PM
    The clock keeps on ticking with child support arrears.. it never stops until a Court of Law stops it.. thus, giving legally documents that says it has changed, or stopped.. but until then, it legally continues to mount.

    In my area, cases like this are heard all the time. Legal Mediators handle them at a Court of Law (for changes such as this).

    Call the District Attorney in her town (don't have to tell then your name) and ask what to do about changing child support... also, you can contact the Attorney General of your State (for free) and ask the same question... at lease you might get A start in the right direction.

    If all this fails.. then contact your ex, ask her if she is willing to work with you and a lawyer to get this done ? If she says YES - then all you have to do is to get a lawyer to file the correct papers in Court - and show she is in agreement, etc... but it has to be done legally.

    I don't know the laws in your State, every State's laws differ - so I don't know what the law in your State says.

    In my State, if the ex-wife wants to stop child support - and write off arrears - it can be done.. but it has to go before a Judge in a Court of Law.

    I just don't see any problem with it if your ex is agreeable... if she is, just get an attorney to do it.

    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Dec 25, 2011, 10:24 PM
    Quote Originally Posted by Tarajio View Post
    The clock keeps on ticking with child support arrears .. it never stops until a Court of Law stops it ..
    This statement is correct, but much of the rest of your response does not apply. In most states the District Attorney's office only handles criminal matters, not civil, which is what most Family Law issues fall under. Same with the Attorney General's office, though some states, support issues do fall under the AG's purview.

    The OP's issue appears mostly to be with the arrears, not the ongoing support. And he already indicated the ex was willing to forego the arrears.

    Finally, as you noted, laws differ by state. Since the OP indicated what states were involved, unless you are in one of those states, how it works in your state does not help the OP.
    cdad's Avatar
    cdad Posts: 12,696, Reputation: 1438
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    #12

    Dec 26, 2011, 05:34 AM
    Quote Originally Posted by Tarajio View Post

    In my State, if the ex-wife wants to stop child support - and write off arrears - it can be done .. but it has to go before a Judge in a Court of Law.

    I just don't see any problem with it if your ex is agreeable ... if she is, just get an attorney to do it.

    What state would that be? Your not allowed to terminate rights without a court order and it is the law for parental responsibility. It is the right of the child to have the support of both parents.

    A court would not do this unless there is a case of true and verified hardship of the NCP.

    The only modification that could be made would be to have the child support redirected. Meaning that instead of using the state as a collection vehicle the NCP would pay directly to the custodial parent.

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