arrears balance and custody change

[partimelegal]

My husband now has physical custody of his son and still has an arrears balance in child support to the mother. The arrears balance is in dispute with DCSE as they are not giving him credit for payments they claim are gifts. Any how, he has filed a petition requesting rhe judge to review and correct it. Since then he and the ex came up with there own agreement in that she will drop the arrears if my husbhusband agrees not to pursue her for child support for 4 years. Is this an acceptable agreement to request the judge to enter as an order? The mother was never on TANF and there is no debt owed to the state

 

[Proserpina]

No, the court is not going to agree to that.

A parent cannot legally waive future support - absolutely not.

 

[partimelegal]

Even if the father had not filed for child support? nor does he intend to. He doesnt beleive in pay backs or by taking from his ex's new born baby's mouth to feed his 10 year old son.

 

[partimelegal]

No, the court is not going to agree to that.

A parent cannot legally waive future support - absolutely not.

Even if the father hasnot filed for child support? nor does he intend to. He doesnt beleive in pay backs or by taking from his ex's new born baby's mouth to feed his 10 year old son. Point being if she was ordered to pay child support, it would take her four years to pay what is owed in arrears. We are trying to help her

 

[army judge]

Even if the father hasnot filed for child support? nor does he intend to. He doesnt beleive in pay backs or by taking from his ex's new born baby's mouth to feed his 10 year old son. Point being if she was ordered to pay child support, it would take her four years to pay what is owed in arrears. We are trying to help her

If you seek further clarification, advise him to retain an attorney.
You were given spot on information.
Furthermore, there is now we, except your husband and his child.
Again, he really needs to retain an attorney to advise him on this matter.
If not, the confusion will only become greater.
Good luck.

 

[Proserpina]

Even if the father hasnot filed for child support? nor does he intend to. He doesnt beleive in pay backs or by taking from his ex's new born baby's mouth to feed his 10 year old son. Point being if she was ordered to pay child support, it would take her four years to pay what is owed in arrears. We are trying to help her

No, seriously - the court will not approve of that order.

Now if Dad chooses not to file against Mom, that's fine. But - again - he cannot waive future child support (and for good reason)

 

[partimelegal]

Thank you! If anyone has any creative suggestions please reply. We want mom to feel secure that dad is not going to pursue her for child support.

 

[shrinkmaster]

Tell Dad he can return her support checks. He is not obligated to cash them. Will this help? However before you do consult an Attorney