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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27256
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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The father of my child and i agreed if he paid (then) 18

Customer Question

The father of my child and i agreed if he paid for my (then) 18 year olds college he would not be obligigated to pay the back child support. He never kept his promise. i did sign a waiver releasing the $80,000 in back child support owed. Can i still get my back child support owed
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Yes, you likely could. If the waiver was conditioned upon him paying for her college and he never did, then you could have grounds to go back and obtain the arrears. Ideally, you should have done this AFTER he paid, to avoid this but if you trusted him and he lied, he will not be able to benefit from his own wrong doing.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.
The waiver had no conditions
Expert:  FamilyAnswer replied 1 year ago.

So this was a deal you made and when you signed the waiver, did not include that language?

Expert:  FamilyAnswer replied 1 year ago.
Just wanted to follow up and see if you had a chance to respond
Customer: replied 1 year ago.
Waiver had no conditions.
Customer: replied 1 year ago.
I feel my question is not being answered waiver had no conditions stating nothing except I released child support.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the reply. I just needed to clarify everything. If they waiver had no conditions, then you still can go after him but the burden would be on your now, to prove what this verbal agreement was. This should have been stated within or reduced to writing, to avoid this entire situation but if and when you go after him, he can lie and say that he never agreed to pay for their college. If he does that, then it will be up to the Judge to decide who to believe, based upon the evidence presented. Of course, waiving $80,000 in arrears does not just happen unless there is a reason for it, so the Judge may give more weight to your testimony, since there would have likely needed to be a benefit conveyed, for this to happen.

Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!