I owe an substantial arrears to mother of child. Instead of giving the amount owed to mother, can this be set-up as a college trust fund/educational purpose? Secondly, can the arrears be settled in a less amount if payed in full?
Child support is designed to provide current support for children. Therefore, a court would not pernit this, and if you do it on your own that will be nice for your kids, but you will still owe current support.
With that said, if your support is not going through Child Support Enforcement, and the child's mother agrees that your arrears may be paid by setting up a college fund, AND this is memorialized in writing, and then ratified by a court order, you may be able to do this.
This also applies to paying a lump sum for the arrears owed. If the mother agrees you may be able to negotiate something less than the full amount due if all paid at one time, but again, it must be in writing and must be ratified by a court order.
Good luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
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