June 18, 2008 By Wallin & Klarich

If you have arrears that are owed for child support or spousal support and the other party has agreed to waive arrears for a lower amount that you will pay them in a lump sum. You would need to have an agreement and stipulation drafted, signed, and filed with the court. If the Department of Child Support Services (DCSS) is involved, then you will need to contact them and get a print out of what is owed. You will need to find out if it is Aid or Non-Aid Arrears and you will need to talk to the DCSS attorney, who represents the other party.

If DCSS is in fact involved and if the money owed is Aid arrears then that means the other party was receiving aid from the county, (i.e. food stamps, welfare, etc.), then the other party cannot accept a lump sum and waive the arrears owed. This is because that money is owed to the county and not to the other party, even if the other party is no longer receiving aid. If they have never received aid, but went through the department of child support services then you will still need to contact the attorney for DCSS and ask what the arrears are, get a print out, and draft the stipulation. DCSS will have to stipulate, as well as the other party. DO NOT give any payment towards arrears to the other party without a signed and notarized stipulation, and you must first find out if DCSS is involved. If DCSS is not involved then the other party can agree to waive the arrears in the stipulated and notarized agreement. This is a difficult issue and you will need an attorney to help you with this situation, the attorney’s at Wallin & Klarich are ready to help you, so please call us now at 888-749-0034 and visit us at www.wkfmailylaw.com.

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