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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2157
Experience:  Practicing Attorney with 10 years experience
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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: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 1 year 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 1 year ago.
The only thing you could do is seek forgiveness of the arrearage under to COAP program which you can read about here:
Expert:  Roger replied 1 year 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 1 year 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.