Q: Is this deal possible?
I'm 18 and my dad hasn't payed child support in 15 years. He owes a lot of money but he has 3 other kids and doesn't pay for them either, he's been in prison quite a bit also.
I offered to stop the child support payments for myself if he paid for two medical things that I need and he agreed to do so. I have one more year in highschool as well. I just didn't know if I could make this deal happen with a contract or not? I think it's pretty fair due to how much he owes me.
A:
There is a difference between the technical rules and the unofficial rules. Technically, you (or more accurately your mother) is due the full amount PLUS interest PLUS penalties. Non-payment for 15 years+ will allow wage garnishment, garnishment of tax refunds, the freezing of ALL of his bank accounts, and loss of all state authorized licenses (e.g. a driver's license). Rarely (but I have seen it happen), your father will be placed in jail until he offer a reasonable payment plan to the court. In short, if you (or your mother) file for back child support with a court where your father is a resident you can likely collect a sizable portion of the back support. The downside is that you will need to file in court and likely have a brief trial (be aware NO judge is sympathetic to deadbeat dads, so the court will be in your favor).
Unofficially, some parties try to reach a private settlement like you have proposed. In Colorado these agreements are non-enforceable (to prevent parents with significant deficiencies from negotiating a lower amount), but the courts will only know about non-payment if a case is filed or either party ties to enforce the contact.
In sum, you can reach a private agreement, but be aware that the agreement is unenforceable in a court by either party. This means that there is no way to force either party to abide by the terms of the agreement to pay for medical bills. Your father may agree and he may pay, but a contract cannot ensure compliance. Contact a family law lawyer if you would like a detailed explanation of your legal options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
