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Will I have to pay it back? I agreed to drop all current and back child support.

This is a discussion on Will I have to pay it back? I agreed to drop all current and back child support. within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Ok, this is kinda complicated. I had a child support case for my son and his father owed over $24,000.00. ...

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Old Jul 7th, 2009, 03:43 PM   #1
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Default Will I have to pay it back? I agreed to drop all current and back child support.

Ok, this is kinda complicated. I had a child support case for my son and his father owed over $24,000.00. My son went to stay with his father so we both went to court on May the 13th of this year and I agreed to drop all current and back child support since our son was now staying with him. We both signed a paper on the side that said I would agree to drop all of the child support if he agreed not to file on me. Well, he had told me in the beginning of the year that the irs had taken his income tax check. This was around Feb. Well, I received this check a couple of weeks after we had gone to court. It was actually mailed to me on May the 14th, the day after we had gone to court. Will I be held responsible for repaying this even though it was taken from him and being held for me months before our court date? Isn't this order not complete until the judge signs it anyways. I'm being told that since it was sent out the day after I'd gone to court that the judge hadn't signed it yet so it hadn't been put into the system.
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Old Jul 8th, 2009, 12:15 AM   #2
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Default re: Will I have to pay it back? I agreed to drop all current and back child support.

If the tables were turned, what do you suppose your answer would be?
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Old Jul 8th, 2009, 06:08 AM   #3
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Default re: Will I have to pay it back? I agreed to drop all current and back child support.

That was a silly answer.

No...you likely won't be responsible for repaying it. Had child support or child support arrears stopped at that time? Doesn't sound like it. So if there was still an order for child support - and the entry hadn't been made to stop it...there's not much he can likely do.

Should you have kept it? Hard to say. That's a lot of money in arrearage. Would you have built up the same amount if he claims child support on you if your child lives with him until 18?

I think it was your call - but legally - from my understanding of your post, it was your money.
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