paying child support directly

[jd990qsr]

What is the name of your state? TN
Greetings all! Here's my plight. I was divorced in '92 in Indiana.
I am the NCP, and was ordered to pay $70/wk. for support, all medical expenses, and granted reasonable visitation. I moved to memphis in '95 with the intention of paying through the system to assure I would get credit (I was paying her directly prior to my relocation). She complained that the turnaround was too long and begged me to resume paying her directly. I agreed, but kept very detailed records of every payment (up to this day). I have since re-married (8-02), creating the need for me to finalize this chapter in my life (much to my ex's dismay). I have asked her to sign an affadavit stating that we mutually agreed to handle things outside of the system. Until she complies, I have chosen to withhold support (which I may not get credit for anyway, and have every intention of resuming when she helps me to remove the arrears from my credit record). I'm not a deadbeat, and I realize that we should have handled alot of things differently (for our daughter's sake), I just think that the $29,111 that I have paid (since '95) should account for something. Not being able to get a license, a better home (for my daughter to come and visit), and the threat of a felony conviction is not quite a fair shake. Thanks in advance for your helpful responses!
Peace & Blessings,
Musician in Memphis

 

[stealth2]

You really need to talk to a lawyer. Deciding on your own to withhold support wasn't a brilliant idea. It's not clear whether you were ordered to pay through CSE and agreed to do it on your own, or what.

 

[Grace_Adler]

I agree with stealth. I know you were hoping we'd be able to help you more but I honestly don't think you are going to be able to straighten out this mess without an attorney's help, if at all.

Try seeing if the bar association has an attorney referral where you can get a low fee consult with one from being referred to one by them. I would call Indiana since that is where your child resides.

 

[Lil Miss Smarty Panties]

I can tell you that if you were ordered to pay support through the Indiana child support office then you are screwed unless your ex forgives those arrears. (and it's doubtful they'll let her) All they care about is that their records show arrears. It's not going to matter if you have detailed records showing you paid her directly. You were ordered to pay the court directly, not her. Everything you have paid directly to her is considered a gift above and beyond child support. Yeah I would definitely contact a lawyer.

 

[Exsisto]

LMSP is correct. I'm a CP from Indiana and have dealt with direct pay and have given written forgiveness for direct pay before. Now I have signed an affidavit stating I cannot accept it and cannot forgive anymore.

I have been told by two clerks that it is NEVER suggested nor encouraged that direct pay be done. It confuses their figures and all that money that you paid her directly is as good as if you had set it on fire should she not forgive the arrearage amount.

 

[Lil Miss Smarty Panties]

Someone just reminded me of something. Have they been doing tax intercepts?

 

[tigger22472]

I am also a CP from Indiana. My ex is order to pay through CSE and paied me 324$ directly once. I DID report it but was flat out told by them that I didn't have to. That because he was ordered to pay through the court anything he gave me that wasn't paid through there could be considered a gift.