Skip to main content

In the state of Ohio ,can a man and woman settle on a cash settlement in child support arrears?

London, OH |
Filed under: Child support

we want to settle this with a cash settlement both parties have already agreed on a price.

Attorney Answers 3

Posted

Yes and no. In general the answer is yes. HOWEVER, CSEA, may still want to get their 2% out of the deal. I am not sure where you are in the process of things, but you will need to satisfy everyone in the equation. good luck.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Mark as helpful

2 lawyers agree

1 comment

David B Pittman

David B Pittman

Posted

Great answer!

Posted

Usually yes, but you can't waive what is owed to the state from the 2% processing charge and the cash medical support. You must also file the necessary paperwork. You should meet with an attorney and make sure it's done right.

This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. Responding to questions DOES NOT create an attorney-client relationship.

Mark as helpful

1 lawyer agrees

Posted

Some courts will prove such a settlement, when there is an agreement between the parties. Normally, this will include an affidavit that treats any amounts not paid in cash as being exchanged by other tender. However, in some jurisdictions, such as Canton, be aware that there is an Ohio Supreme Court case, DePalmo v DePalmo, which holds that child support is the right of the child, and that parents do not have the right to negotiate it away. That decision makes these types of settlement illegal, even when the parties, and even the Courts, approve them. Good Luck.

The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.

Mark as helpful

Child support topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics