Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My ex-husband owes me $42,000 in child support arrears. He is unemployed, can’t get his driver’s license because of this, and basically has been living with his parents unable to find a good enough job to pay even the weekly child support he currently owes. I am ready to take the case out of the enforcement unit, but I am not sure how to go about a settlement contract. I offered him a $15,000 settlement if he paid it off, or we could just do the $42,000 with a payment plan. Neither one of us has the money to pay an attorney to do the leg work – and were hoping it could be done ourselves. Is this possible in New York State?
Due to your unique situation, it is in your best interest to consult with an attorney for more information on whether you should (and can) draft a child support settlement agreement. You may be required to insert specific clauses within the contract mandated by the state. There may be local non-profit legal organizations that can provide you with legal advice regarding the matter. You do not want to enter into an agreement that may be rendered voidable later in court.
