How Do I Draft a Child Support Settlement Agreement?

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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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney