Help, please answer if you know

My friend faces garnishment of wages because of past unpaid support.
Is it possible for garnishment of his wages to stop if his spouse
agrees that she frees him of past, present and future monetary
obligations?

I understand that you may not be a child-support/family law
practitioner, however, any advise and/or suggestions will be
appreciated.

wrote:
My friend faces garnishment of wages because of past unpaid
support. Is it possible for garnishment of his wages to stop if
his spouse agrees that she frees him of past, present and future
monetary obligations?
I understand that you may not be a child-support/family law
practitioner, however, any advise and/or suggestions will be
appreciated.

The problem is that C/S is mandated by the state and generally
not waivable by agreement of the parties. The theory is that, its
the child who is entitled to the support, not the parties. There
are often mandatory guidelines that the courts are required to
follow. The only thing that could change his obligations would
be a "substantial change in circumstances," like him going to
prison, or a change in custody, like from her to him. =R=

On Oct 3, 8:12 pm, wrote:
My friend faces garnishment of wages because of past unpaid support.
Is it possible for garnishment of his wages to stop if his spouse
agrees that she frees him of past, present and future monetary
obligations?

I understand that you may not be a child-support/family law
practitioner, however, any advise and/or suggestions will be
appreciated.

This is in IL. My friend and his spouse are both residents of IL and
were residents of IL at the time the child support process started....

wrote in

This is in IL. My friend and his spouse are both residents of IL and
were residents of IL at the time the child support process started....


If she started the claim, she can forgive the debt!

If the state started the claim to recover welfare money, they will continue
until the debt is repaid.

On Oct 3, 11:56 pm, Kent Wills wrote:
As was fortold by the sage, on Thu, 04 Oct 2007 01:12:25 -0000,

wrote:
My friend faces garnishment of wages because of past unpaid support.
Is it possible for garnishment of his wages to stop if his spouse
agrees that she frees him of past, present and future monetary
obligations?

I understand that you may not be a child-support/family law
practitioner, however, any advise and/or suggestions will be
appreciated.

I'm not a lawyer. If anyone who is contradicts anything I
write, go with their opinion over mine.

I presume the CS was court ordered. If your friend and his ex
can convince a judge to reverse the order, I would imagine the present
and future CS obligation should terminate.
If the new order states he's no longer responsible for monies
due, then, presumably, he'd be off the hook for past amounts as well.

--
Kent
Recuerdo del Fin Del Mundo!

CS is ordered by the State. that being said, the owed spouse has no
say regarding whether they forgive the debt. I am in a similar
situation, I make a good living but was out of work for 8 months or
so. shortly after starting a new job, I received an order for
additional garnishment to pay off the support in arrears ~6000 $, my
ex called the CS office and said she did not want the CS in arrears
and they told her that is was not her choice. This is in Tx BTW

wrote
Kent Wills wrote:
.............................................

I presume the CS was court ordered. If your friend and his ex
can convince a judge to reverse the order, I would imagine the present
and future CS obligation should terminate.
If the new order states he's no longer responsible for monies
due, then, presumably, he'd be off the hook for past amounts as well.

--
Kent
Recuerdo del Fin Del Mundo!

CS is ordered by the State. that being said, the owed spouse has no
say regarding whether they forgive the debt. I am in a similar
situation, I make a good living but was out of work for 8 months or
so. shortly after starting a new job, I received an order for
additional garnishment to pay off the support in arrears ~6000 $, my
ex called the CS office and said she did not want the CS in arrears
and they told her that is was not her choice. This is in Tx BTW
==
Yup. As has been stated many times--Courts view the child support as
belonging to the child
and neither parent can "bargain" it away. The real reason they do this is
because if CS were forgiven,
it would mean less money for the state. Child Support is, in the first
place, a windfall for the states.
The support of the children is secondary and incidental to that windfall.

"Gini" wrote in message
newsV6Ni.4630$R%1.3689@trndny06...

wrote
Kent Wills wrote:
............................................

I presume the CS was court ordered. If your friend and his ex
can convince a judge to reverse the order, I would imagine the present
and future CS obligation should terminate.
If the new order states he's no longer responsible for monies
due, then, presumably, he'd be off the hook for past amounts as well.

--
Kent
Recuerdo del Fin Del Mundo!

CS is ordered by the State. that being said, the owed spouse has no
say regarding whether they forgive the debt. I am in a similar
situation, I make a good living but was out of work for 8 months or
so. shortly after starting a new job, I received an order for
additional garnishment to pay off the support in arrears ~6000 $, my
ex called the CS office and said she did not want the CS in arrears
and they told her that is was not her choice. This is in Tx BTW
==
Yup. As has been stated many times--Courts view the child support as
belonging to the child
and neither parent can "bargain" it away. The real reason they do this is
because if CS were forgiven,
it would mean less money for the state. Child Support is, in the first
place, a windfall for the states.
The support of the children is secondary and incidental to that windfall.

There is a workable solution if the CP really wants to forgive the CS debt.
Every time she gets a CS check from the garnishment she sends the money back
to the NCP.

"Bob Whiteside" wrote in

There is a workable solution if the CP really wants to forgive the CS
debt. Every time she gets a CS check from the garnishment she sends the
money back to the NCP.

Yes, infact they could increase the garnish amount to pay off the debt
quicker, aslong as the NCP received back what he gave. A stupid exercise
yes, but your dealing with a very stupid government too!

"Bob Whiteside" wrote
.............

There is a workable solution if the CP really wants to forgive the CS
debt. Every time she gets a CS check from the garnishment she sends the
money back to the NCP.
==
Agree.

What was the REASON for wanting to stop
the Child Support and why would the
mother willingly go along with it?

If a stepdad ADOPTS the child they generally
stop the child support obligation for the bio Dad.

But I don't know how that works with
the part that is in arrears.

Sometimes if the natural father is unable to pay
and is mostly uninvolved with the child, the
new family is better off to be rid of the natural father.

Some natural fathers who really deserve the
label "deadbeat dad" would actually WELCOME
the chance to let the kid be adopted, change
the child's last name and be free of the
CHILD SUPPORT OBLIGATION.