28 months left. We need to lower my husbands debt to income for a conventional mortgage. Can we pay it in 1 lump sum and close the payroll deduction? Florida
Dear Ms. Rullan:
The short answer is maybe. Child support is always subject to modification, and although it is unlikely that support would change over then next 28 months it could. However, that said, if you would like to try and do this it would involve the following:
*The easy way: get the consent of the recipient of the child support to agree. If the mother does agree, then you would have to get a court order indicating that it was prepaid (subject to modification if there is a substantial change in circumstances). He would also have to get an order that terminated the income withholding order and advised the state depository that the case was closed out. Or you could get the IWO terminated and then pay the lump sum to the state, that would (presumably) then devy it out (presumably) to the mother in the increments for monthly support for the duration of your hsuband's obligation.
As with most legal issues, the devil is in the detail and follow up. If you try to go this alone, make sure you follow up. The State Depository is often behind and even if you get an order, they are liable to have records indicating your husband still owes money.
Hope that gave you some guidance.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
954-316-3496/561-962-2785
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