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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117376
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My former wife has agreed to discontinue all child support

Customer Question

my former wife has agreed to discontinue all child support obligation from myself and has acknowledged all past support has been paid. I am preparing a satisfaction for this motion but want to make sure all wording is accurate, pending her signature and certified and notorized
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Your ex wife doesn't have the right to stop child support......because it's not her money; instead the money belongs to your child. So, she does not have the authority to waive or authorize you to stop making payments going forward. This is also true for the past payments........she can't be untruthful about your payments, so if you have not paid all past support, she definitely shouldn't tell the judge that (and neither should you) because the judge can hold you in contempt or even charge you with perjury.

Expert:  Roger replied 1 year ago.

If you have proof that the past payments have been made -- cancelled checks, bank deposits, etc., then that's a different story.

Expert:  Roger replied 1 year ago.

But again, since the money belongs to the child -- and not the parents -- a parent generally can't waive child support.

Expert:  Roger replied 1 year ago.

The only possibility would be for you to file a motion and ask the court to stop the support order......but that would require you showing that the child doesn't need the support and you discontinuing payments will not impact the child negatively.

Customer: replied 1 year ago.
I have spoken with the clerk of court and was told that this arrangement can be made with her signature and that of a notary. She now makes 70K a year and has married a f**khead who makes over 100K a year. My salary and her salary did not even make 100K together when we were married. This adjustment and cancellation of support will have no negative impact on my child whom is now 17 and will be graduating from High school in a few months. I just want to make sure I word this satisfaction of judgement correctly to indicate that all child support is current and no further child support is required and should be cancelled.
Expert:  Roger replied 1 year ago.

I'm not aware that this is possible, so I will opt out and allow someone else to assist from here.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR and disagree with my esteemed colleague who actually is quite knowledgeable.
Child support may be waived by a parent and arrears may be forgiven as long as the parents can prove the children are properly cared for and no government assistance was needed for their care. You can prepare a joint stipulation of termination of child support and satisfaction of arrears and your spouse would need to sign it and have it notarized and you would as well. Once you do so, you can file it with the clerk of court's office.
The wording would be something like The undersigned parties, parents of minor child name, have agreed that her name is ***** ***** her right to collect child support from your name in accordance with the court order dated (date of your order of support). Her name further agrees that all amounts due her for child support from your name have been paid in full and any and all arrears have been satisfied. The parties also agree that no public assistance is required for the care of the child and that all needs for the child can be satisfied by the custodial parent.
Then you both sign and have notarized and file with the clerk of court.