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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38276
Experience:  I provide family and divorce law advice to my clients in my firm.
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My Ex-wife has agreed to terminate child support payments from

Customer Question

My Ex-wife has agreed to terminate child support payments from me. We have agreed on this because she is wanting to live overseas with them and I agreed to allow that, but asked child support be stopped. Visitation will be summers with me and a week at Christmas. I am in mississippi where the divorce was granted. My question is, can this be done? Is it as simple as her signing a court paper and stating she doesnt want child support anymore?

Thanks
Gary
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Gary,

Thank you for your question.

No, it is not quite that simple--your obligation as a parent to pay child support still exists even if the other party does not wish to enforce it. If you are currently paying through the state agencies, your ex would have to contact them directly, state that you now both have a private agreement, and have them remove you from their listings--otherwise you retain responsibility and your arrears continue to collect (which the ex later on can attempt to collect on and claim that no agreement was in existence).

Hope that helps.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 9:10 PM EST
Customer: replied 4 years ago.
So its possible in Mississippi to do that? She can fill out whatever paperwork needed and terminated child support? Or will it have to go before a Judge?
Expert:  Dimitry K., Esq. replied 4 years ago.
She can claim that a private agreement exists, but she can later still repudiate it and pursue you for the arrears. Usually to take it to private payments, you should consider going in front of the judge.

Good luck.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 9:15 PM EST
Customer: replied 4 years ago.

OK.. NO, she is willing to fill out the right paperwork, and yes i pay to the state so i do understand about making sure its done the right way so she cant come back at me for arrears. But if she goes through the state and stops it, then she cant come after me for child support from the date she stopped it? UNLESS---- she wants it to start up again in the future? Say when she moves back to the states, at which time i have no problem starting it back up again.

Expert:  Dimitry K., Esq. replied 4 years ago.
It doesn't quite work that way. Legally even when the state is not involved, you payments are still supposed to be made. If you cannot provide the courts later (if she contests) with proof of payment, you will be responsible from the date of when you stopped paying her. So yes, she can come after your from the date she officially stopped enforcing it (not when it was stopped, as stopping support cannot happen).

Hope you see the distinction. Good luck to you.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 9:23 PM EST
Customer: replied 4 years ago.

I see the distinction, yes. SO, in order to officially stop it, it will have to be done through the court? And the court would have to sign off on it? So we are now talking lawyers and court costs, and lots of time? So even with her in agreement, she could always come after it at a later date, unless the court has stopped child support? Would a court stop it if she asked to have it stopped? or is it something i will have to pay anyways until emancipation of both boys?

 

Thanks for your help

Expert:  Dimitry K., Esq. replied 4 years ago.
You are most welcome.

Again, you CANNOT stop it--you can simply stop the state from enforcing it or keeping track of whether or not you are making the payments. If the court agrees that both of you from now on simply want to keep track of the payments in private, the courts will allow it. She can always come after you for resumption of payments, and for having you pay the back payments too (so it is in your best interest to be very nice to her and make sure she doesn't do that).

Good luck.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 9:31 PM EST

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