Can I have child support arrears waived?

This is a discussion on Can I have child support arrears waived? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Indiana, 8 years ago, my husband and I were not getting along, we seperated (not legally) went to 1 court ...

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Old Oct 10th, 2012, 11:07 PM   #1
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Default Can I have child support arrears waived?

Indiana,
8 years ago, my husband and I were not getting along, we seperated (not legally) went to 1 court hearing for the judge to award me child support for our 2 children. We reconcilled 2 months later, and never returned back to court on this matter. We received a letter in the mail this tax year saying that he owes me approx- $60,000 in back child support, and the courts were filing a felony charge of non payment of child support on my husband. I called the court, and was told that I can not waive the arrears or petition the judge to have his charges dropped. I do not know what to do, as we were never divorced and he doesn't owe me this money. He has been the sole provider for myself and our children. Please help...
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Old Oct 11th, 2012, 07:01 AM   #2
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Default Re: Can I have child support arrears waived?

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Originally Posted by chadsgirl333 View Post
Indiana,
8 years ago, my husband and I were not getting along, we seperated (not legally) went to 1 court hearing for the judge to award me child support for our 2 children. We reconcilled 2 months later, and never returned back to court on this matter. We received a letter in the mail this tax year saying that he owes me approx- $60,000 in back child support, and the courts were filing a felony charge of non payment of child support on my husband. I called the court, and was told that I can not waive the arrears or petition the judge to have his charges dropped. I do not know what to do, as we were never divorced and he doesn't owe me this money. He has been the sole provider for myself and our children. Please help...
Child support is the property of the child so a parent cannot waive it. Your husband is going to need a lawyer right away. If you received state aid at any time, the state will press for arrearages.

You will need to garner proof of the reconciliation, likving circumstances, financial records showing that he has in fact been supporting the children for the past 8 years.

At this point, your husband will need an attorney representing him to properly prepare a defense.
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Old Oct 11th, 2012, 04:36 PM   #3
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Default Re: Can I have child support arrears waived?

You can file an affidavit of direct payments. You list money he has provided in direct support, it has the same effect as waiving the arrears.

If you received any Tanf or Medicaid in his absence that will need to be paid back.
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Old Oct 12th, 2012, 03:08 PM   #4
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Default Re: Can I have child support arrears waived?

Don't want to sound rude, but this is why it's so important to keep the courts updated.

Write him receipts of payment. It's not lying. Since you have reconciled, he has been helping financially with the children. Unfortunately, you will likely need an attorney to settle this matter.

You can both appear in court to explain what happened, and the judge may drop the arrears. If not, then hire an attorney (the judge will not take the matter further if your husband states he wants an attorney. He can ask for a continuance to find one.)
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