Legal Question in Family Law in Virginia

Child support agreements
I currently have a case with DCSC for child support. My X husband have really gotten his life together and have ben consistant with payment but is 53,000.00 behind,. The reality is that he will never get caught up. We have discussed closing the case with DCSC and reaching an agreement on our own. We have agreed to drop the back support amount to 20,000.00, his monthly obligation payment to 900.00 and pay an additional 200.00 monthly towards the 20,000.00. We want to have it so that pays me directly or by deposit in my bank account. However, I do not know what forms I should obtain or how I should write it out to present to a judge or notary. How can I get this information. I cannot afford a lawyer.

Asked on 10/25/06, 9:27 am

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

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Re: Child support agreements

The DCSE is going to want a Court order to change their records. If the arrearage was found by a Court Order, you would have to go back to the judge anyway.

You can always close a collection case with DCSE. Written request will do.

You can always forgive him the amount. Write him a letter saying so and he can keep it as evidence should you ever change your mind in the future.

If the child support is by Court Order, you have to go back to the Judge. File a Motion to Amend with the Clerk's office and get scheduled for a hearing. Before you arrive in Court write out a Consent Agreeement setting out the new payment terms. On Court day present it to the judge who will no doubt grant it although he may ask you why and then you just explain it as you did here.

If all of these orders have only been entered by DCSE a written agreeement signed and notarized you the two of you might do. As I mentioned above, DCSE really wants a Court Order to change anything.

Good luck

Answered on 10/25/06, 9:51 pm

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