Christmas Present

[colson111]

What is the name of your state? MN

Can I forgive my ex-husband of his child support? As well, can I forgive him of back child support? If so how do I go about doing that?

As of right now, it is directly taken out of his pay check by the state. He has lost his license and is being threatened with jail. He has another daughter he pays child support for and my daughter's life would be no different with or without his $50 a month, but his other daughters life would be greatly improved by any extra money at all.

 

[stealth2]

Depends - does he owe the money to you, or to the state?

 

[colson111]

As far as I know it's all owed to me.

 

[Gracie3787]

As far as I know it's all owed to me.

IF you have never collected any type of public aid then yes, it is all owed to you.

You can either try going back into court and asking the court to modify the order so that he is no longer charged on-going support. HOWEVER, by most states' and Federal Law, back child support cannot be "forgiven" , not even by the CP.

If you are serious about him not paying the back CS to you, all you can do is return the money to him after it is collected and credited to arrears.

 

[stealth2]

Actually, Gracie, I believe you're mistaken. If the money is owed solely to the OP, she CAN forgive the arrears.

 

[Gracie3787]

Actually, Gracie, I believe you're mistaken. If the money is owed solely to the OP, she CAN forgive the arrears.

Stealth, I don't remember the name of the act, but under Clinton's rule a federal law was passed that makes it impossible for ANY court to set aside, or "forgive" or modify child support arrears.

And as we all know, as long as a court order exists, the payor's income can be garnished, tax refunds intercepted, assets seized, etc.

I'll try to track down where I read about the fed law, but in the mean time maybe someone else knows the name of the act??

Gracie

 

[stealth2]

Is this what you're talking about? http://www.nvo.com/beaulier/deadbeatparentspunishmentact/

 

[Gracie3787]

Is this what you're talking about? http://www.nvo.com/beaulier/deadbeatparentspunishmentact/

No, but I found the name. It is called the Bradley Amendment and I found out about it at www.ancpr.org/index.

The reason I originally found it was when my husband's ex's attorney said that federal law doesn't allow arrears to be modified or set aside.

My advice to OP stands. I suppose it MIGHT be possible for OP to convince a judge to stop the income deduction, however, that still wouldn't stop IRS intercepts, etc. So I really believe that OP's best option is to simply return money to ex after he pays.

 

[lpn292001]

We did it a year ago

My x husband owed me over 10,000 in arrears for child support and we went to an attorney and had all of it dismissed 2 yrs ago so it can be done ......We were switching states to Not sure if that made the difference ...ie the order was made in Ohio and we did this in NC

 

[Tinaa]

I, too, forgave arrears in Texas. I can't see why a judge would not allow you to forgive arrears. Less money the state would have to spend trying to collect.

 

[stealth2]

The reason I originally found it was when my husband's ex's attorney said that federal law doesn't allow arrears to be modified or set aside.

I didn't have a chance to read the entire Bradley Amendment, but some of the legal analysis I found indicated that it does not permit anyone EXCEPT the person owed the CS to forgive the arrears. So a judge couldn't do so against the wishes of the CP. But if the CP wants to, it can be done.

 

[colson111]

Thank you all!

So, how would I go about doing this? I am willing to give up the money, but I don't want to pay to do it.

 

[stealth2]

I would likely start by contacting CSE (or the equivalent in your state) and asking them how to go about it. Not entirely sure otherwise since I've not done this - hopefully one of the posters that has will pipe up.

 

[Gracie3787]

Sorry, apparently I was wrong. I was going by what I had read about the Bradley amendment, and what my husband's ex's att. had said.

Well, like all laws, what it comes down to is how Judges view and apply the laws. That,s one of the things I like about this site, you can learn alot.

I think it's great that it can be allowed after all, and I wish the best to the OP.
Gracie

 

[jennygadling]

Stealth, I don't remember the name of the act, but under Clinton's rule a federal law was passed that makes it impossible for ANY court to set aside, or "forgive" or modify child support arrears.

And as we all know, as long as a court order exists, the payor's income can be garnished, tax refunds intercepted, assets seized, etc.

I'll try to track down where I read about the fed law, but in the mean time maybe someone else knows the name of the act??

Gracie

in louisiana, if both parties go in and sign the paperwork, after proving that they are supporting the child together (that's the one exception i know of) all arrearages and future payments can be dismissed, minus any state or federal aid issued- he's still responsible for that.