Consequences Of Forgiving Child Support Arrears!
I live in Georgia, and have been divorced approximately 2 years; my Ex and I have 3 children. At the divorce hearing we requested that he pay no child support because his income is substantially less than mine.
The judge ordered $225 per month, and commented that I had the option not to collect it. My Ex has paid no child support at all; I pay all the kids health care costs, extracurricular activities, clothing, etc.
He pays for food while they are with him, and buys them clothing and shoes when he feels like it. I have not asked him to pay his child support, and don't intend to. I am fully capable of supporting my children- they lack for nothing.
Legal custody is joint, and I have primary physical custody. He does spend time with the kids; typically 2-3 overnights a week, including one weekend day. We have both been flexible about time with the kids, and encourage them to continue their relationships with all their grandparents.
He just bought a house not far from mine, which has been great since it means I don't have to drive so far to get them at the end of their visits with him.
About a year ago, he asked me if I would fill out receipts for the child support that he didn't pay, to make it look like he had paid it. I did not agree to do this. Yesterday he asked me if I could officially forgive the back child support, and do so annually.
At first I agreed to this verbally, but upon reflection I'm not keen on this idea, even though I'm not planning to ever go after him for the child support that the judge ordered. I just have a gut feeling that I'd regret it.
I want to remain on reasonably good terms with him, and I am concerned that backing out of what I agreed to verbally would not go well. What are some unintended consequences of such an arrangement (ie, tax ramifications, having to go thru the courts and draw attention to his lack of payments, etc) that I can draw to his attention to get him to drop the request?