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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89578
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Concerning Arizona family law, if I can get the mother of my

Resolved Question:

Concerning Arizona family law, if I can get the mother of my daughter to agree to a cash settlement for child support and she cashes a check with "payment in full, child support settlement 2013-2031", would that be legally binding or could a judge still order additional support and the state come after me because she is receiving government benefits?
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that in addition to a memo on a check, you would need to have a written notarized contractual agreement with the mother which would then have to be filed in the court where the child support award was ordered. The courts deal with child support differently than anything else and they would have to review the agreement to make sure it is conscionable for the best interests of the child before they would approve waiving the support for the future.

Also, if she is receiving government benefit, the court/government could continue to pursue you for payment of your share of those benefits, regardless of the memo on the check. However, if the agreement is accepted by the court, then you would be free and clear.

Thus, you can agree in AZ to pay lump sum for all support, but it has to be approved by the court before it would be valid and binding.




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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89578
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

Hi, there has been no court order yet, and we were never married and do not live together. I will be retaining a local attorney and going to court soon, and I was just wondering if I could get her to cash such a check beforehand if it would be binding or not. I could maybe get her to sign a notarized agreement before the legal proceedings, but I'm not sure. So I'm taking it as a no, a cashed check with a settlement memo would not be binding and a judge could override any settlement?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

If she agrees to a lump sum payment for child support, this would still have to be approved by the court. You could get the agreement signed, but you still have to go to court for that approval. You are correct, the memo on the check would be a "no" as far as a court approving that.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89578
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you

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