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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38507
Experience:  Retired (mostly)
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Can you make a settlement for arrears owed on back support

Customer Question

Can you make a settlement for arrears owed on back support
Submitted: 8 months ago.
Category: Family Law
Expert:  socrateaser replied 8 months ago.

Hello,

If you mean to settle a child support arrears, then you and the other parent can stipulate to a settlement only after the court calculates the correct arrears such that the supported parent is fully apprised on the court record as to the amount to which he or she is entitled, before agreeing to the settlement amount. Parents cannot settle the support arrears outside of court. See, e.g., Marano v. Marano, 97 A.D.3d 548, 947 N.Y.S.2d 597 (App. Div. 2012).

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Customer: replied 8 months ago.
child support, My daughter is like 26 years old now, so the original support order has stopped, but I'm still paying the arrears, an I owe like 8 thousand more, the mother is willing to except a settlement of a one time payment to be finished with this, and I can get my original license to drive back, guess I need guidance to how to go about this, cause the original order has terminated itself
Expert:  socrateaser replied 8 months ago.

The general procedure is:

1. File a "petition for a determination of arrears and entry of money judgment."

2. After the court determines the total arrears and enters the money judgment into the court docket, you would make your payment to the supported parent, who would sign a "satisfaction of judgment" which you could then file with the court. That would terminate your obligation on the money judgment and eliminate the arrears.

3. Unfortunately, while there is an official court form providing the language of the order itself (click here) -- there is no official court form for the petition to request that the court determine arrears and enter the money judgment. Consequently, you would either have to draft the petition and affidavit from scratch, find an applicable template in a law library, or hire a lawyer to draft the petition for you.

That's about as far as I can go in this forum, because I cannot practice law here and draft the petition for you (illegal and a violation of website rules, as Justanswer, LLC is not a law firm). If you need assistance to find a lawyer or a law library, please let me know and I'll be happy to try to provide further information.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
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