Q: I’ve had a long run with my son’s father that has built up $48,876.00 in Child support arrears since 1999. This also includes state interest for many years. I believe what he owes my child in support from the 49K is about 30K. The rest would go to state interest and fees but I’d like to remove this completely. Can I write a letter of child support arrears forgiveness to give my son’s father his life back (bank accounts, passports, etc.) and would Bronx Family Court forgive the interest if I requested?
A: You would need to file a Petition to Vacate Arrears, and then the court would need to allocute you such that you’re aware you’re entitled to the money irrespective of whether the father thinks he can pay or not – and that once you waive it, you can’t come back to court later to reinstate it. Call a Bronx Child Support attorney for more info.