Settling Support Arrearage

[Gregg]

I have a very complicated case where I have not paid child support in 10 years, However this case was closed and reopened and closed over and over again. The State attornys office never inforces the order. They just
tryed several years ago to withhold my pay at work, but my lawyer seem to undo the efforts and I never hear from them again. My son turned 21
in February of this year. The state put a lien on my Checking account just
this past january. I had to hire my attorney again, My question is should I contact my ex wife after 16 years and make a settlement with her in order stop this case. Will the state drop there collection if she goes to court and gives up?

Thanks for any help

[aaron]

Most states will permit parties to settle a support arrearage, and will cease collection efforts once a consent order and satisfaction of judgment (or the equivalent documents under the state's rules of civil procedure) have been filed with the court. However, some states have been known to continue to try to collect arrearages, whether by mistake or on public policy grounds, even after a settlement. So it is worth checking with a lawyer in the state where the arrearage originates.

Also, whatever settlement you work out with your ex, if part of the arrearage is to go to the state to reimburse the state for benefits your ex received (e.g., ADC, welfare, Medicaid, etc.), your agreement with her would not affect your continuing obligation to reimburse the state.

[Gregg]

Dear Arron,
Thank you for the information.

I have another question, The attorney I hired would rather file a motion
to modify all arrearages of the past, and asked for more money, however from my understanding no court will let me change anything at this point, will they? Will I make things worce by going back to court after all these years? What other options can you suggest? I want to Negotiate with the coust, but I believe its fruitless in doing so, just negotiating with the Ex wife if the only way? Can the court still put me in jail, since my son is now 21 years old and not at home, for back arrearages? Please tell me what you would do?

Again thank you for your time.

[aaron]

As a general rule, you are correct. In the vast majority of cases it will be impossible to achieve modification of support past the date of the petition for modification.

It is still possible to be held in contempt for failing to fulfill a support order, even after the child reaches adulthood.

[Gregg]

Dear aaron,

Pls tell me what is my option? I'am i basiclly screwed, and have no avenue out , will they just win and take all my money out of my back account and leave me with nothing? will I never be able to have a Checking account again, with the fear of it being put on a lien?

What can I do at this stage?

Pls help?

[aaron]

You appeared to be on the right track, with the idea of reaching a settlement with your ex-, paying it, then entering a satisfaction of judgment in relation to the support arrearage. You are better off discussing this with your lawyer than here, as your lawyer is aware of the procedural history of your case and, presumably, the laws which apply to any settlement.

[Gregg]

Hi Arron,

I have another question for you, My attorney did nothing to help me, so I lost my whole checking account to the Attorney Generals office.

But my question is I'am unable to locate my ex wife to settle with her, she has an un listed number, and I just wondered is I could settle something with the c/s office. Will they take me back to court? or will they work with me honestly?
I paid an attorney to help me and he just does nothing, is he afraid of the AG's office?
What can I do , its there another way I can resolve this?

Thank again, you have been so helpful

Gregg

[aaron]

I doubt that the child support office has any authority to settle. It isn't their claim to settle or compromise - they are simply enforcing your ex's claim.

[Gregg]

Arron,
I have another question, what are if any ways that I could possibly
bargin with my ex wife to settle? Can I file a law suit just on her for
something in order to get her attention? She believes the AG's office
that this will go on until my death in order to collect. Is there some way I can force her to negotiate with me? She will not spend a dime of her own money in order to go to court. she is using the free service of the Attorney general to break me.
Is there a legal way to get her attention, just short of us going to court?

Pls any suggestions will help, I've hired a attorney who's of no help.

Thank you again

Gregg

[aaron]

The only way to settle with your ex- is through negotiation.

There is no legal basis for a lawsuit to force somebody to negotiate a prior, valid debt.