Can I Pay off Child support obligation?

[WilliamPatrick]

What is the name of your state? What is the name of your state? texas

Hi all,

I've just received a Petition to Modify Parent-Child Relationship which is basically my ex-spouse wanting to increase the child support payments.

In my original papers there is a paragraph which basically states that all amounts withheld from my earnings by my employer constitute a credit against the child support obligation.
It adds that payment of the full amount through withholding of earnings ordered paid by this decree shall discharge the obligation.

I left out some sentences for brevity. Do I have an option of paying the remaining amount as stated in the original decree and thereby avoiding the soon to be increase in support?
Are there any legal grounds why I can't do this?

Thanks,

Patrick

 

[Grandma B]

Are you saying your decree stated a finite dollar amount of child support?

 

[WilliamPatrick]

No, I do not have a set amount to pay off.
The papers simply say that if I pay the money as required by the
decree then my obligation has been fulfilled.
I think it would take a clever attorney to interpret the wording
and argue that point.
I just want to know if anyone has heard of such a thing.
Can I take the $$ per month x number of months until the kids
are 18 and make a lump sum payment?
I think the wording could be construed to imply that. I've called several lawyers and they don't know. I'm seeing one Friday.
We'll see.

 

[stealth2]

Personally, I think a judge will see this as exactly what it is - to avoid having to pay any more if you get a raise - and isn't likely to allow you to stiff your kids.

 

[TxStep]

This is how that would work...

Let's say your current order is for $200 per month and you have 36 months left on your obligation. So you pay a lump sum of $200 x 36 = $7200.

Now your child support account has a $7200 credit.

Just because your account has a credit does not mean that the child support amount cannot be raised. So if it is increased to, let's say, $300, then $300 monthly would begin to be deducted from that credit. So after 24 months, your balance would once again be $0 and you would then have to pay $300 per month for the remaining 12 months. So, basically, paying in advance will do you no good.

Also, a word of caution...if you can afford to pay all future child support in one lump sum payment, a judge may want to know exactly how much money you have lying around. It seems that this could really backfire on you.

 

[ktarra617]

in texas they will not allow you to pay one lump sum and not pay any more. That was explained to us by our lawyer about how the child support system works. Nice try but no cigar as the saying goes.

The court is not going to take the chance that the state will end up having to pay for the kids if something happens and you have supposedly paid your support obligation.

Your best bet is to see how much your obligation is going up to and do what you can to negotiate if your ex is willing to negotiate. If she's not then you will more than likely end up paying whatever amount the state says you have to.

 

[WilliamPatrick]

momma_tiger, you have no idea of the situation so don't pass
judgment on me.
My ex makes very good money, she divorced her most recent
husband so in order to support her lifestyle she was accustomed
to she is doing whatever she can to supplement her income.
I'll pay money for my kids needs but not for hers.
In fact, I'll propose that the additional money she wants go into
a 529 fund for the kids college education but I'm sure she'll
refuse that idea because it takes the money out of her hands.

Txstep, thanks for you feedback. I don't have money lying around, I'm looking at a loan aginst my house to raise the money.
The idea was to have the credit in my child support account be equal to what is owed and maybe it would be treated like a debt paid and my obligation therefore fulfilled.
It's was just an idea and it probably won't fly.

 

[WilliamPatrick]

also, momma_tiger, when I was laid last year for 4 months with
no income I still sent my full child support payments instead of
asking the court for temporary relief and reducing it.
How many fathers would do that?
You saying that I'm trying to stiff my kids could get under my skin
but since your totally clueless and just spewing your opinion I actually laughed about it!

I'll be first one to step for my kids but I will fight like hell against
giving a financially irresponsible ex-wife the money. She already
filed for bankruptcy 3 years ago and she makes 100k per year.

 

[stealth2]

Actually William...

What I said was (based on your initial post) that a judge would see it that way. And - based on your initial post - that is exactly what it sounded like.

 

[ktarra617]

here's a thought for something for you to consider.

How close do you live to your children? if you live close enough then you could file for 50/50 joint physical custody. Texas does not generally award such possession but it can be done.

The point to this is it eliminates child support for both parties. Sometimes the state likes to order the party making the most money to pay some kind of support to the other parent to equalize the households but if you push it enough you may be able to get it ordered with no support and still keep the kids in their schools where they are at now.

Of course this is contingent on if you live close enough to your children that joint physical would not be a detriment to them.

this is just a thought.

Good luck to you.

 

[WilliamPatrick]

momma_tiger,

My original post was simply meant to get to the point. I didn't
want to include the details to support my position and why
I wanted to pay off the debt. I know it's typical for many dad's
to bail out on their kids but I'm not one of them.

ktarra617,

You have an excellent point but I can promise my ex will fight
joint custody tooth and nail. She could end up paying me money
or if not, she's still lost income she is used to getting via my child support payments.
I do think that kids are better off with one parent or the other.
I've seen joint custody in action, the kids spend 2 weeks at each parents house, back and forth. In the best interest of the kids
I don't think it's a good idea. Just my opinion.

I really appreciate everyone's feedback.

 

[ktarra617]

well like I said it was just a thought. I have seen it work both ways. It just depends on the situation. You just have to do what you have to do.

Good luck to you.

 

[haiku]

I always find this an interesting idea....

my husband and I have talked about it before. I for one don't think it is a bad thing, and I also don't think it is a way to get out of increases. IF we are talking about normal parents here! My husband for one did not need a court order to telll him what to do to take care of his kids. (my personal opinion is he would probably be paying much more without the court order, but now that there is one...that is what is fair) A good parent is not going to stop being one just because an order was fulfilled.

Any way I think we came to the same conclusion in our theory that the courts consider. In our case the lump sum would be in the 100,000.00 + range.(only doable if we won the lottery!) Our big fear is just like everything else, she would blow her lump sum on something dumb, like vacations and toys. And still not be able to feed them, and still have to turn to us or welfare. The monthly payments gaurantee the kids an ongoing "income"

So our second idea was to open an account, put the money in and let the bank draw the checks on it every month, that way we wouldnt have to deal with it anymore, and could just enjoy the kids!

 

[WilliamPatrick]

You have a good point. paying a lump sum to someone who
can't take care of money is asking for trouble. I would have to ask
for a third party to manage the money on her behalf, like her Dad
who has done that before when she got in financial trouble.
A lump sum in my case is only 30k as the children are teenagers now.

I don't understand your second point.
You put the child support money into an account and let the bank
draw checks on it every month. Can you explain?

My child support goes through the county child support division and then they send it to my former wife.

 

[TxStep]

Haiku...you bring up an interesting point. If you pay a lump sum and the CP blows it all and in the future goes on welfare, I bet you the NCP would still be responsible for repaying the welfare to the state. Boy, that would suck!