How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1735
Experience:  Practicing Attorney with 10 years experience
91018665
Type Your Family Law Question Here...
Asad Rahman is online now
A new question is answered every 9 seconds

I owe my ex-wife $45,000 in child support. We jointly owed

Customer Question

I owe my ex-wife $45,000 in child support. We jointly owed the IRS $47,000 for our 2001 return.
She told me she would forgive the child support (and the $350 pm servicing the debt) once the IRS debt went away.
I sent her an official IRS document last October showing we did not jointly owe anything. The Statute had run out 7/2015.
She has not forgiven the Child Support debt and still receives the $350 because Child Support say they can do nothing.
How can I compel her to comply with her commitment?
I gave email evidence of her commitment.
Submitted: 8 months ago.
Category: Family Law
Expert:  Roger replied 8 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 8 months ago.
Unfortunately, your ex-wife doesn't have the legal authority to forgive child support arrears....the reason is that the money belongs to the child -- not your ex-wife -- and she can't release you from your obligation to pay the arrearage.
Expert:  Roger replied 8 months ago.
The only thing you could do is seek forgiveness of the arrearage under to COAP program which you can read about here: http://www.childsup.ca.gov/payments/compromiseofarrearsprogram.aspx
Expert:  Roger replied 8 months ago.
Thus, if you'd like to try to be relieved of some of the arrearage, that'd be your only real legal option as the stat isn't going to stop collections without a court order.
Expert:  Asad Rahman replied 8 months ago.
You will need to file in court to get the arrears forgiven. You can file a breach of contract action against her. Alternatively you can file for a confirmation of arrears and at the hearing question her on the stand in front of the judge under oath. There she will have to testify about the deal you guys negotiated. The judge would likely accept that then.

Related Family Law Questions