Q: MSA Family code question, a provision was added to the MSA
The proposed MSA: Family Code §5616: The parties acknowledge that they have been advised that: In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support collector. This fee must not exceed 33.33% percent of the total amount of past due support nor may it exceed 50% percent of any fee charged by the private child support collector. The money judgment created by this provision is in favor of the private child support collector and the party receiving support, jointly.
I have DCSS arrears that are owe to the father from me, approximately 14k in principal balance and 5k in interest.
My ex is willing to forgive my arrears in exchange for me not to ask for child support and stop spousal support garnishment. Now my question is will my full balance of arreas (principal & interest) be cleared once the judge signs the MSA
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A:
In your situation, while your ex may agree to forgive your arrears in exchange for stopping child support and spousal support garnishment, the final outcome depends on whether the court approves the agreement. A judge will review the MSA (Marital Settlement Agreement) to ensure that it complies with legal standards and protects the best interests of both parties.
If the judge approves the MSA, it could clear your arrears, but this would only apply to what is owed directly to your ex. If there are arrears owed to a government agency, like DCSS (Department of Child Support Services), these amounts generally cannot be forgiven through private agreements between the parties.
It's important to confirm if the full balance, including interest, is owed directly to your ex or if part of it is owed to DCSS. A legal professional can provide guidance on whether the arrears you're concerned about can be addressed through this agreement and how to ensure all necessary steps are followed.
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