Legal Question in Family Law in Massachusetts
arrears child support
Good Evening;
Over the past dozen years or so I've managed to run up a sizable child support arrears total. Here in Mass we have the Dept. of Revenue/Child support enforcement division which attaches payroll checks of people like me. Since they never answer their phones I've tried to write to them, with no replies.
My question is: can I attempt to give my ex a lump sum payment, (to be determined by us, but not the total I now owe). I've talked to her a little bit about this and she seems to be agreeable. Can you find out if this is possible or is the DOR/CSE surviving from the interest and penalties they keep assessing me? I'm fairly sure that more than half of what I now owe is from interest and penalties. I think if I offered her $5000, she'd go for it because she thinks I've paid for long enough and our kids are both over 18.
Thank You So Much In Advance,
3 Answers from Attorneys
Re: arrears child support
Any Settlement has to be agreed between both your Wife and the DOR. You can file a petition with the Probate Court to amend your child support requirements with your wife stiplualting to same, but it will depend upon whether your children received state benefits under ADC.
Contact an attorney to assist you in negotiating with the DOR and/or filing a Petition with the Court.
Re: arrears child support
Any settlement agreement for a lesser amount must be negotiated with BOTH DOR and your ex-wife, especially if the Children were AFDC recipients. Consider retaining an attorney to negotiate with them. Good Luck!
Re: arrears child support
If you and yur wife can reach an agreement, write it up. In exchange for a lump-sum agreement, DoR will drop its interest and penalties.
The question you must be concerned about is, How much money did your wife receive already?