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  1. #1
    Join Date
    Jul 2011
    Location
    Trophy Club, TX
    Posts
    2

    Default How to Get Partial Forgiveness of Child Support Arrears

    Just wondered if you were successful in getting the arrears forgiven beasue I really needhelp here in Texas?

    We are in a similar situation in Texas. The ex-wife agrees to reducing the arrears AND to getting this out of the Attorney General's office. But we just don't know how to go about this.
    Is there a form or a letter that needs to be sent to the OAG's office from the Ex-wife or what? The youngest child is now 22 and expecting her first child. The ex-wife does quite well financially, but she will want us to deliver an agreement or realease from the OAG's office without her having to lift a finger so I ned to know how to go about this

  2. #2
    Join Date
    Jul 2011
    Posts
    7

    Default Re: How to Get Arrears Forgiven and Dismissed

    Forgiveness of back support just about never happens, no matter what the situation. Let's say that you have a house that you are paying a mortgage on -- you travel for business and are rarely at the house. Further, when you are gone your wife uses this home to have an affair with another guy. Can you call your mortgage lender and say "Look, I am not going to pay what I owe on this house. Not only am I only there 40% of the time, but the house is being used for a purpose I do not like (the affair) and so I do not feel I need to pay". What do yuo suppose the bank would say?

  3. #3
    Join Date
    Jul 2011
    Location
    Trophy Club, TX
    Posts
    2

    Default Re: How to Get Arrears Forgiven and Dismissed

    Sussan,
    You didn't read my post or something, but the ex wife IS agreeable to forgiving 1/2 the arrears. So that's not the issue. The issue & my question is HOW do we go about getting this accomplished?
    I found the answer, sort of. I went to the Atty General Child Support Division website. It stated that the custodial patent just has to request the OAG no linfer handle her case...it's that easy.
    I've had attorneys telling me it would take many hours & a big fight to get the OAG's office to relinquish control. Either the lawyers are trying to screw folks & get paid outrageous fees for a simple task, or they don't know what they're talking about. These were family law guys as well.
    In Texas the custodial parent just needs to draft a letter, probably best to have it notarized, then send it off & the Gestapo..oops, the Child Support folks will relinquish their grip & fees on this albatross!

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: How to Get Arrears Forgiven and Dismissed

    Quote Quoting terriseay
    View Post
    Sussan,
    You didn't read my post or something, but the ex wife IS agreeable to forgiving 1/2 the arrears. So that's not the issue. The issue & my question is HOW do we go about getting this accomplished?
    I found the answer, sort of. I went to the Atty General Child Support Division website. It stated that the custodial patent just has to request the OAG no linfer handle her case...it's that easy.
    I've had attorneys telling me it would take many hours & a big fight to get the OAG's office to relinquish control. Either the lawyers are trying to screw folks & get paid outrageous fees for a simple task, or they don't know what they're talking about. These were family law guys as well.
    In Texas the custodial parent just needs to draft a letter, probably best to have it notarized, then send it off & the Gestapo..oops, the Child Support folks will relinquish their grip & fees on this albatross!
    Sussan's post wasn't to help you but to promote her blog. She probably didn't even read your post... which was hijacking someone else's thread anyway.

    Post reported.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  5. #5
    Join Date
    Jul 2011
    Posts
    7

    Default Re: How to Get Arrears Forgiven and Dismissed

    Yes, I did read the post in it's entirety. I addressed in great detail the issue of "ex not using the money the way it was intended".....great detail....so be sure to read that piece again. Further, I just read the original post (twice, just to be certain) and at no point does it indicate, in any form or fashion, that the ex had agreed to a dismissal of the arrearage. If there was agreement to this end, I would have adjusted my response accordingly (which would have been, in short, that you can represent yourself pro se in most jurisdictions when it comes to an Agreed Order with regards to support issues). The exception to that, of course, is if the case was now in the hands of the States Attorney of the jurisdictional state.

  6. #6
    Join Date
    Jul 2011
    Posts
    14

    Default Re: How to Get Arrears Forgiven and Dismissed

    The Custodial Parent can just close her case with the OAG, as you said, AS LONG AS there is no money due the state.

    If Mom was, ever, on welfare, then there's some part of the 'arrears' which are owned by the state, and they want reimbursement.

    The problem is, the OAG will only tell the CP how much money is due the state. Then, the parents can arrange a meeting (Child Support Review Program - CSRP) at the Attorney General's Office and have Mom waive/release her portion of the arrears, then do a Judgment on the remaining amount due the State, and Dad can pay that off.

    Alternatively, the NCP can file a Motion for Judgment on Arrears, serve the OAG, and do the same thing in District Court (really need a family law atty). The OAG should intervene & the result will be the same, but a whole lot FASTER.

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