Legal Question in Family Law in New York

Re: release from back-support (arrears)

The custodial parent could certainly sign a waiver or release of her entitlement to the arrearages which are owed, however, whether the court would(or should)accept it as a proper

basis to wipe out your child support arrearages is quite another matter.

At the hearing the court would certainly need to delve into the matter of whether any part of these arrearages are in fact owed the state or other governmental entity for either some form of welfare funds or other entitlement monies which may have been paid in behalf of your children and which therefore have created a debt on your part owed to the state or other governmental entity which provided the funds to your children.

If the court found no such funds were paid out

and that there was no basis for the state to claim any of these arrearages, the court still might find that it would not be in the best interests of your children to simply wipe out

your arrearages merely because their mother may be aggreable to it. There could also be other issues involving such considerations as to why the arrearages accrued in the first place.

As you can see, this is not a simple matter of the court reviewing some form which the mother has signed and which has been notarized in determining what, if any, relief you should receive in the matter of these outstanding child support arrearages.