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Terminating Arrears After 18

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  • 05-16-2013, 11:47 AM
    TXmom2
    Terminating Arrears After 18
    My question involves child support in the State of: Texas

    My ex husband has asked me to terminate his outrageous arrears amount and if I do, he will agree to pay an agreed amount per month after our two sons turn 18, in order to help through their college years. So, my question is, can we have a legal document written up and notorized that would guarantee he will pay this amount per month until both our 2 sons graduate from college, that will hold up in court if he changes his mind after I wipe his arrears slate clean? Or do payment arrangements made outside of the attorney general court system not hold up? Thank you for you time and help.
  • 05-16-2013, 01:06 PM
    aardvarc
    Re: Terminating Arrears After 18
    Agreements entered into outside of the AG's office will not be enforceable by the AG's office. He's already on the hook for support. If you plan to SEE that money, keep him ON that hook. The arrears are OWED to you - no point forgiving a debt that is already established, just to replace it with a debt that you may have a difficult if not impossible task to win and enforce on your own. Wipe the arrears away at your own peril (and that's IF a court will allow it).
  • 05-16-2013, 01:34 PM
    llworking
    Re: Terminating Arrears After 18
    Quote:

    Quoting TXmom2
    View Post
    My question involves child support in the State of: Texas

    My ex husband has asked me to terminate his outrageous arrears amount and if I do, he will agree to pay an agreed amount per month after our two sons turn 18, in order to help through their college years. So, my question is, can we have a legal document written up and notorized that would guarantee he will pay this amount per month until both our 2 sons graduate from college, that will hold up in court if he changes his mind after I wipe his arrears slate clean? Or do payment arrangements made outside of the attorney general court system not hold up? Thank you for you time and help.

    I would keep collecting on the arrears at least until the children are through college, and then if you really feel like forgiving the balance after that, then you could do so.
  • 05-16-2013, 02:15 PM
    Disagreeable
    Re: Terminating Arrears After 18
    Quote:

    Quoting llworking
    View Post
    I would keep collecting on the arrears at least until the children are through college, and then if you really feel like forgiving the balance after that, then you could do so.

    Agree 100%.
  • 05-16-2013, 04:58 PM
    FatherWhoWon
    Re: Terminating Arrears After 18
    Sounds like dad wants to find a way to get out of his obligation somehow. Tell dad he can pay towards the arrears and you will pass it on towards tuition if you want to. There is absolutely no need to replace one debt, which you have help enforcing payment of, for another that may be impossible to collect (and which dad knows will be more difficult to collect on, most likely). Catherine is right on here.
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