Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
My question involves child support in the State of: Florida
My ex has primary custody and he was granted back child support to be paid. He is planning now to relocate with our children. Can that back support be cancelled if both of us are in agreement?
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
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Quoting
squirrel2
My question involves child support in the State of: Florida
My ex has primary custody and he was granted back child support to be paid. He is planning now to relocate with our children. Can that back support be cancelled if both of us are in agreement?
You mean he would waive the back child support in exchange for you allowing relocation without a fight?
It could work but you'd have to get a written court order approving it.
Without that he can always come back later and enforce the existing order no matter what he tells you now.
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
He told me that the back support can not be cancelled. He is willing to cut the current support in half but not put it in writing as the courts will make me have an accruing balance. I don't believe this to be true. I am struggling very badly right now, where I am negative, just to make ends meet with paying him the current support plus that back support he asked to judge to make me pay him. Now with him relocating that means taking my 2 heartbeats away from me, their grandparents/family, their lives here. This means me missing our older son's senior year and younger son's four years of high school. The only way for me to be able to afford the travel down there to watch at least one of their games and having to buy a vehicle reliable to make the trip is to release me from the back support and cut the current support in half.
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
Is there any reason you cannot object to the relocation?
To be fair, Mom, what you're asking is unreasonable. You're asking for the arrears to be waived AND the current obligation cut in half? I'm not convinced that the court would approve of that to begin with. It's less to do with your situation than it is to do with the children having the right to be supported.
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
You are right, I can object and I have told my sons and their father that I am not in favor of this move, I do not agree with it. My older son is completely convinced this will be a great move for him as it will give him a better opportunity for a sport scholarship (the whole reason why my ex is moving there is because it is a powerhouse school where he will be coaching). My older son has asked me not to fight him nor his father on this because he does want to go. His father has already accepted the job, and has started the transfer for our older son. He did all this before consulting and discussing with me about his relocation intentions.
I don't think what I am asking is unreasonable. Him taking the boys away from their family and lives here is what is more unreasonable. I can not afford to live as it is now, to add having to travel down there to see at least one game and I have a car about to drop that will not get me there would make it even that much harder. I want to do what is right. I do not think this move is in the best interest of the children, at all, and nor do their grandparents and other family think so. I would continue to pay child support but at a reduced amount so I could at least live and afford a drive down.
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
Quote:
Quoting
squirrel2
You are right, I can object and I have told my sons and their father that I am not in favor of this move, I do not agree with it. My older son is completely convinced this will be a great move for him as it will give him a better opportunity for a sport scholarship (the whole reason why my ex is moving there is because it is a powerhouse school where he will be coaching). My older son has asked me not to fight him nor his father on this because he does want to go. His father has already accepted the job, and has started the transfer for our older son. He did all this before consulting and discussing with me about his relocation intentions.
I don't think what I am asking is unreasonable. Him taking the boys away from their family and lives here is what is more unreasonable. I can not afford to live as it is now, to add having to travel down there to see at least one game and I have a car about to drop that will not get me there would make it even that much harder. I want to do what is right. I do not think this move is in the best interest of the children, at all, and nor do their grandparents and other family think so. I would continue to pay child support but at a reduced amount so I could at least live and afford a drive down.
Certainly your eldest son's wishes will be considered (if you file to oppose the relocation). If he wants to go with Dad, he'll be going...and it's more than likely that your younger son will be going too.
What is right that you pay what the court has ordered.
You also have every opportunity to request that Dad pays for transportation, too.
You've got to be objective here. The kids need the exact same support whether they're 30 miles away or 300 mile away. Why should they suffer?
Again, this isn't about you. It's not even about Dad.
Sorry you disagree, but yes, you're being unreasonable.
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
I didn't see it mentioned so I will:
if he received certain forms of welfare, it would not be his option or right to excuse the arrears as they would be owed to the state. So, did he ever recieve any welfare and if so, what sort?
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
When you fail to pay support, you create a great opportunity for the parent who is supporting the kids to argue in favor of relocation, "I have better job and income opportunities at the new location, and I have family that can help with child care, which is important because my ex- isn't helping to support our kids or pay for child care."
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
Of course a bus ticket would be relatively cheap.
Re: Can Back Child Support Be Cancelled if Both Parties Agree to Cancel
How far away is dad moving? It doesn't sound like it's that far, from what I'm reading.