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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
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My x-wife said would except $13,000 to get my life back ...

Customer Question

My x-wife said would except $13,000 to get my life back from child support. I owe $33,000 because of interest. Can I have a written agreement made from her, so she won''t come back and take me to court? I have no job, no car, no life with my wife. My wife is supporting me now. This cannot continue. I want my life back.....
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Girl replied 8 years ago.


Thank you for your question.

You do have the ability to sign an agreement with your ex-wife to settle your arrears for less than you actually owe; however, you need to be very aware of the fact that this contract will not be legally enforceable. This means that you cannot contract to settle child support for less than is owed. The reason is because child support belongs to the child and not the parent, so the child is entitled to have the full amount of support spent on him or her. If your ex-wife gets the settlement amount and then decides to pursue you for more money, a court will not enforce your agreement and you can be held liable for your arrears at that time. However, in the interim this option may provide you relief.

If the child support is too much for you to handle on a monthly basis, you may consider petitioning for a modification of the support if there has been a change in your financial condition or circumstances since the order was awarded.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!


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