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#199736 - 02/28/07 10:08 PM BTW [Re: momx3]
momx3 Offline
old hand

Registered: 04/19/06
Posts: 1036
M5, did you get the answer to that stupid Motion I sent you yesterday? Let me know if it works for ya...or if I don't need to be "snippy" in it. lol
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I'm not bossy...I just have better ideas!

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#199737 - 02/28/07 11:12 PM Re: LOL! Here is the reply I got [Re: momx3]
Avaya Offline
Carpal \'Tunnel

Registered: 02/09/06
Posts: 9850
Loc: Arkansas
You know, that brings about something interesting. M5 could tell the ex that they'll deduct the adoption fees from the CS ***IF*** he will pay her the whole CS owed in full, so that it clears it out of the system. THEN, once the adoption is final, they will reimburse him the cost of the adoption. Or better yet, why can't he just pay the CS, THEN M5 will pay for the adoption? Well, I know he 'can', as in that's allowable, he just doesn't have the money. He wont save anything going his route because it's going to cost the same either way.
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Eternity is too long to be wrong.

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#199738 - 02/28/07 11:39 PM Re: BTW [Re: momx3]
M5M5 Offline
Carpal \'Tunnel

Registered: 07/29/05
Posts: 11830
No I didn't get the Motion at all...I was wondering why I hadn't heard from you in a few days lol.

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#199739 - 02/28/07 11:40 PM Re: LOL! Here is the reply I got [Re: Avaya]
M5M5 Offline
Carpal \'Tunnel

Registered: 07/29/05
Posts: 11830
Well...the arrearages are over 8K now lol...I doubt that he has that kind of money just laying around.

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#199740 - 02/28/07 11:48 PM Re: LOL! Here is the reply I got [Re: momx3]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
In TN you cannot forgive child support even if an adoption takes place.

---&gt; I believe you are confused. Adoption (change of custody, death of a child) will NOT wipe out arrearages that are due and payable and as such, they can still be pursued as you noted. However...EVERYONE/ANYONE has the legal right to forgive a debt that is owed to them; doesn't matter if it's a loan through friends, a loan through a bank (except that you have to pay income tax) or arrearages.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#199741 - 03/01/07 12:59 AM There's the catch... [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
&gt;&gt;&gt;&gt;&gt;EVERYONE/ANYONE has the legal right to forgive a debt that is owed to them

Many courts say CS is owed to the child, and as such, a parent has no rights to waive it.
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Char Fox

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#199742 - 03/01/07 03:43 AM Re: There's the catch... [Re: almostheaven]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Not talking about waiving child support...talking about forgiving/crediting arrearages.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#199743 - 03/01/07 04:25 AM Re: There's the catch... [Re: Gecko]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
in California I can not forgive arrears, I can forgive the intrest only. When D turns 18, I can continue to be a party to the action or I can "Gift" the action to my D and she can forgive it if she wishes. Of coarse, I am not so generous!

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#199744 - 03/02/07 01:29 AM Same thing... [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
It's been tried and judges have sometimes denied it.
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Char Fox

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#199745 - 03/02/07 02:32 PM Re: Since we just finalized an adoption... [Re: almostheaven]
tsl Offline
Pooh-Bah

Registered: 06/24/04
Posts: 2274
in Indiana here is our state's laws...

Adoption will not clear out arrears. You can't really go in to an adoption agreement/consent with any mentioning of support (D's bf tried it and wasn't acceptable)...it is like someone buying a child or something as such.

HOWEVER, you can have an agreement to go to the clerk and write a receipt that he "paid" X amount of dollars on such date for arrears. You can even write he paid it all off.

Personally, I would let the arrears hang. I would let him know I will not come after them if he stays away to get child change to adjust and suceed in life. IF he comes around her/you guys you will go after the arrears. (Courts don't automatically go after what is on arrears after the adoption, you have to file something to get it.)

In my "mind" today (lol) I would agree to do that and say "you pay the attorney first" let him pay the attorney, let the check cleared and then when he asks about deducting the amount from arrears say "it's in the mail"...lol
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