You can agree, in Pennsylvania to waive back child support - it would need to be made part of the court order and the judge might ask you to confirm under oath why you are doing same as the support is really that of the child's not yours to give up. You need to speak with an attorney in your state about the public assistance issue.Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. You will then be in a better position to determine what to do next. Best of luck to you!
I am Connie Merwine and have been practicing family law in northeast Pennsylvania for 23 years. Visit our website at MHK Attorneys.com
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Technically, a parent cannot waive child support and cannot waive child support arrears once they are court-ordered. This is because the money belongs to the child and not to the custodial parent. However ..........
If the case is being administered by the Office of Child Support Enforcement (OCSE), then the decision is up to OCSE and not the custodial parent. Therefore, you could talk to OCSE to see what they will do. Generally, OCSE does not waive child support arrears and collects from you over the years until its paid off. Still, offering $3,500 to OCSE will certainly keep you out of jail and the warrant will probably be dropped.
Worst case scenario, if you give her $3,500 you will get credit for the payment assuming you get a receipt and proof of the payment.
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