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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I owe back child support on my son it is about 3300 however

Customer Question

I owe back child support on my son it is about 3300 however I have not made much money since it was ordered and he is now over 18 he's 20 and is in agreement that he will write it off to where I do not have to pay it is that legal or can I hire a lawyer to fight the amount and have it lowered if he was willing to go to court and tell the judge I now help him could it be discharged
JA: When we are ready I'll take you to the appropriate web page.
Customer: I am ready
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Harris county txt me son now is very close to me and we have a very good relationship he said he would be willing to go to court and tell the judge he don't want me to pay it is that legal see he was put into cps custody I was ordered to pay child support however I didn't work much and got 3300 behind no w I can't even get my car registered because of it I talked to my son he did state he was willing to forgive the debt and didn't want me to have to pay it he is now 21
JA: When we are ready I'll take you to the appropriate web page.
Customer: I am ready
JA: Has anything been filed or reported?
Customer: I am not sure I know that u can call and ask how much is owed to the attorney generals office and they can tell u so I guess the answer is yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Family Law
Expert:  Roger replied 6 months ago.

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

The child can't waive the support amount due, but you could pay the amount and your child could then turn the money back over to you (outside of court).

But, the amount will have to be cleared through the court in order to get you off the hook.

Customer: replied 6 months ago.
The child can't waive it if he is a legal adult and his mother is deceased he is the only family member alive just me and him
Expert:  Roger replied 6 months ago.

Generally, no.....especially if the state is involved. In most circumstances, the court requires the arrearage to be paid. However, you could file a motion with the court to waive the arrearage and have your son join in the motion/consent, and see if the judge will approve it.

Customer: replied 6 months ago.
Roger would that still be the case if he is the only living family member and is an adult his mother passed in 2009
Expert:  Roger replied 6 months ago.

Yes. The court order is what binds you to pay, regardless of whether he wants the money from you. However, as I said, you can file a motion along with him and ask the court to relieve you of the obligation......but in most cases, the judge requires the payments to be made per the court order. But, there's no hard rule on this....it is up to the judge's discretion. So, it be possible, but not likely, that the judge would relieve you of your obligation.

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