Can my husband offer to buy me off re: custody/visitation of my children? Is this legal?

Question Details:

The father of my children is getting divorced and now he is giving me an offer of $11k to stay out of the kids' lives until they are 18 (now 16-1/2 and 11-1/2). No way will I take this offer. He currently owes me $40k in back support which is an official court order he is not paying on.  My children cannot be bought. They are human beings. Can he legally do this? Seems like a bribe to me.

Asked 11/4/2009 under Divorce, Marriage, Alimony | 165 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Ask him to put it in writing.  Once he does that, if he's that stupid, take the document to court, on a motion to enforce your back support, and ask the judge to put him in jail for contempt until he pays you the $11,000 he's saying he has, against those arrears (which I'm assuming are $40,000 or so, not $40.00-ish).

File the motion, and tell the court about the offer, even if he isn't stupid enough to give you evidence like something in writing, or a voicemail message that you can save and replay.

Even if you signed something like this, it probably wouldn't be enforceable, because most courts don't give you the right to give up child support:  it doesn't belong to you, it belongs to the children.  Even a court itself does not have the power to remove child support arrears, in most cases.

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