Can I get rid of back child support in order to get a divorce? 8 Answers as of February 21, 2013

I want a divorce from my husband. We have been apart for 12 years now. Can I get rid of the back child support that he owes?

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Kalil & Eisenhut, LLC | Michael N. Kalil
If there is an existing child support order and your husband is in arrears, you can certainly agree to waive arrears, or ask that the arrears be paid as part of the final resolution.
Answer Applies to: New York
Replied: 2/21/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
In Michigan you would not have to waive past due support in order to get a divorce.
Answer Applies to: Michigan
Replied: 2/21/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Are you asking if you can waive the back child support? If so, yes, you can. However, if there is money owed to the state (medicare, etc) then you can waive your money but not any money owed to the state.
Answer Applies to: Texas
Replied: 2/21/2013
Vargas Law Office LLC | Ronnie Ismael Vargas
You can voluntarily have the child support arrears owed to you set at zero. You should contact the child support agency in the county where the child support order has been issued for more information as to how to accomplish that.
Answer Applies to: Wisconsin
Replied: 2/20/2013
If he owes you back child support its your right to get it. If its for someone elses child you shouldnt be responsible for the debt.
Answer Applies to: California
Replied: 2/20/2013
    Carey and Leisure | John Smitten
    Yes, you and he can stipulate to zero out the arrears.
    Answer Applies to: Florida
    Replied: 2/20/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, if you wanted to you could waive child support. I am not sure why you would want to. California is a no fault state so you can get a divorce whether he wants or not and would not need to waive your child support arrears. You should consult an attorney to make sure you make the right move in this matter.
    Answer Applies to: California
    Replied: 2/20/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need to talk to a divorce attorney and get some advice.
    Answer Applies to: New Jersey
    Replied: 2/20/2013
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