Forgiveness of Child Support Arrears

[72264kids]

State with jurisdiction is Florida, I live in Virginia.

The CP may be willing to forgive child support arrears if I give them a lump sum of money. I am about $8000 in Child Support arrears but I am presently paying child support as per my income deduction order (which includes an amount that includes child support arrears.)

I have contacted the Florida Department of Revenue who indicates that the entire process can and should be done through them without the judge's signature. I have also heard that if things are done this way, the arrears will still exist and I will still be liable for them.

I am pretty good at drafting Pro Se stipulations, but want to make sure that this gets done right.

So my questions are as follows:

1) Should this be done through the DOR or through a judge?

2) What guarantee do I have that the DOR would honor such an agreement if signed by a judge? After all, a common creditor does not have to honor a judge's signature if you are held harmless from a debt during a final dissolution of marriage.

3) Could this stipulation put both Petitioner and Respondent into a situation where we are forced to hand out financial affidavits?

Thank you for your time.

 

[socrateaser]

>So my questions are as follows:
>
>1) Should this be done through the DOR or through a judge?

Judge.

>
>2) What guarantee do I have that the DOR would honor such an
>agreement if signed by a judge? After all, a common creditor
>does not have to honor a judge's signature if you are held
>harmless from a debt during a final dissolution of marriage.

A person who agrees to compromise an already liquidated debt in return for payment of alternate consideration is not bound by the agreement, because the alternate consideration is not new or different. So, this contract is illusory even if DOR agrees, and you can still be held liable for the entire arrearage.

Although, you could sue DOR for fraud, because they would know that they were agreeing to an unenforceable contract, but being that this is child support, and there is an innocent child starving for the money (lol...not), the court would probably make some new law to prevent you from maintaining the suit.

>3) Could this stipulation put both Petitioner and Respondent
>into a situation where we are forced to hand out financial
>affidavits?

Probably. Bottom line is that if you and the other parent agree to forgive the arrearage "in the child's best interests," (because that is the true consideration for the agreement), then the court must agree that this is the case and sign the stiupulated order -- otherwise, the agreement will be unenforceable, because parents cannot separately agree to bargain away the child's right to support.

DOR wants to stay involved, because it won't get its federal matching dollars for your payment, otherwise. And, if they're currently involved in the case, then they will also have to sign off before the judge will sign the order.

But, your ex can force the issue by withdrawing her case from DOR, which will deprive them of further power to act, and let you go direct to the court without DOR's interference (absent some statute that lets DOR stay on the case once they get involved, unless the court orders different).

[72264kids]

Wow, thank you for your time.

Based on what I read above, I think that I can structure this a bit differently. I might be able to pay the DOR the lump sum, and have the CP forgive the rest, but would still have to watch out that the CP doesn't just grab the money and "forget" to forgive the rest. That way the contract could be cut, dry, and "in the best interest of the child". Getting the CP, to get the DOR out of the loop may be like pulling teeth.

Thanks again for this insight, I have much to think about.