Child support agreement

[mrn1ceguy]

An "engagement ring" is a gift. The recipient gets to keep the gift in the event of a break up.

So... if you broke up before giving it to her, you should have sold it and used the $ for child support.

Because, you see, a judge is going to likely see it as being a gift as well. And your behavior as horribly tacky. Especially since you seem to be complaining about how she's trying to sell it.

A judge might further question how you could afford a $7,000 ring, being a poor student, and become further irritated. A judge could then set child support based on an imputed income (full time, whatever your average pay could be, based on your qualifications) - regardless of you being unemployed. AND, if you end up with a CS order, based on imputed income, while you are unemployed, you are stuck.

The only thing going for you is that, when your ex files, child support will only be backdated to the date she filed. So, if she file *today* you would only be on the hook for today forward.

I never gave her the ring friend, that's what I'm trying to get across. She never had possession of the ring, and it was never given to her, until it was made a part of a verbal agreement between her and I that she would not file for child support until January of 2017 in exchange for the ring. Before that, it was never in her possession. So how exactly does that make it a gift? I'm not complaining about how she's trying to sell the ring I originally told her I wanted to sell it to give her the money in the first place and she CHOSE to take the ring instead. I'm not trying to screw her over, she made that choice I've done nothing but give her exactly what she has asked for and I don't care if you believe me about that or not.

Let's talk about what the attorney I spoke with told me, because he told me it was possible to have a contract drawn up where she would not agree to file for child support until 2017. Why is it that he is telling me one thing and everyone on here is telling me it's bull? He works for a pretty large law firm and I know people say lawyers are snakes and all that but I can't imagine he would straight up lie to me about something like that... but then again I never thought I'd be in this situation in the first place so...

 

[Ohiogal]

That's not what I asked and didn't have anything to do with the question whatsoever, if you're going to troll do it somewhere else.

I am an attorney and GAL in Ohio. You are NOT a nice guy. You are totally missing the point and strike me as a troll. That ring matters not. It is NOT cash. She should take you to court for support.

 

[Silverplum]

I am an attorney and GAL in Ohio. You are NOT a nice guy. You are totally missing the point and strike me as a troll. That ring matters not. It is NOT cash. She should take you to court for support.

*smirk*

 

[Ohiogal]

That's funny because I just had a pawn shop offer me 2k for it cash the other day, and I've had higher offers from private buyers. And if we worked out an agreement and she agreed to the terms of the agreement why is it ok for her to back out of the deal later just because she's pissed off at me? Believe what you want but honestly I've done nothing but what this woman has asked me to do, in fact it was her OFFER to take the ring in place of 2 years of child support not mine. I told her I was going to sell it and give her the money and she wanted the ring instead. Now she has found herself on hard times due to her own poor decisions and is threatening to back out of our original agreement because of it and those decisions had nothing to do with me I've done exactly what she has asked me to every step of the way.

because child support cannot be waived or exchanged for a property settlement. She can keep the ring and STILL go after you for child support.

 

[mrn1ceguy]

I already told you: it won't hold up in court. Not in your state, not in any state.

But hey, you don't even have $250 to do better than a "troll" for advice.

You're still not answering the most important part of the question, which is the "what should I do" part. It seems pretty bogus to me that if two parents make an agreement and sign papers saying both parties agree to it that one can back out of it later. And why is it the attorney I spoke with told me that having a contract signed and notarized with his firm would serve the purposes of forcing her to keep her end of the deal and not filing until 2017.

 

[Ohiogal]

You're still not answering the most important part of the question, which is the "what should I do" part. It seems pretty bogus to me that if two parents make an agreement and sign papers saying both parties agree to it that one can back out of it later. And why is it the attorney I spoke with told me that having a contract signed and notarized with his firm would serve the purposes of forcing her to keep her end of the deal and not filing until 2017.

I don't know why the attorney stated that. Maybe the firm is geared towards personal injury and not family law. Maybe they are betting that mom would be stupid enough NOT to file for child support. maybe they are betting mom would not get legal advice. there could be a dozen different reasons. But you don't get to exchange a ring for support -- not in Ohio.

 

[Silverplum]

You're still not answering the most important part of the question, which is the "what should I do" part. It seems pretty bogus to me that if two parents make an agreement and sign papers saying both parties agree to it that one can back out of it later. And why is it the attorney I spoke with told me that having a contract signed and notarized with his firm would serve the purposes of forcing her to keep her end of the deal and not filing until 2017.

Don't call me names and then demand I provide you with further, detailed advice on how to screw over your child.

Others have bothered to do so, and you should be thankful to them. I've been done with you since post #1.

 

[LdiJ]

You're still not answering the most important part of the question, which is the "what should I do" part. It seems pretty bogus to me that if two parents make an agreement and sign papers saying both parties agree to it that one can back out of it later. And why is it the attorney I spoke with told me that having a contract signed and notarized with his firm would serve the purposes of forcing her to keep her end of the deal and not filing until 2017.

Because it would NOT be an enforceable contract. Obviously you are not talking to a family law attorney.

 

[not2cleverRed]

What you COULD have done, which would have less legal ambiguity is SOLD her the ring, if she really wanted it that much after you broke up. (I am skeptical because over 99% of women would want NOTHING tainted with ex-cooties.) You could have a contract with a payment plan. Then, if she skipped paying, you have a legal leg to stand on.

You could then enter into an agreement to pay child support, file it with the court so that it's an official court order for child support, and use the $ paid for the ring towards child support. OF course, this would mean that if she stops paying you for the ring, you would still be on the hook for child support.

But using the ring directly? Just tacky. A notarized agreement that has not been filed with the court and signed by a judge is worth SQUAT, legally.

ALWAYS be skeptical of agreements like this with an ex. If your ex were easy to get along with YOU WOULD STILL BE TOGETHER.

 

[mrn1ceguy]

Don't call me names and then demand I provide you with further, detailed advice on how to screw over your child.

Others have bothered to do so, and you should be thankful to them. I've been done with you since post #1.

I'm not trying to screw over my child if I was trying to do that I'd do what the millions of dead beat dads do and just run off and I'm not. I'm here for her as much as humanly possible. I have her any day that I can have her and I cover her medical expenses just because I don't cut her mother a check every month when she doesn't pay for anything anyway since she lives with her parents right now and has no rent, no utility bills, a free car, didn't have to pay for college and pockets all the money she made up until she was stupid and accidentally got pregnant by someone else and screwed herself over that makes me a bad dad? I called you a troll because your advice was not helpful and didn't tell me anything other than the agreement wouldn't hold up in court and you were sarcastic in your delivery of that statement when it was uncalled for. So yes, you're a troll. I'm simply trying to last until I get a job in my field and make the money I need to make in order to pay what my child deserves. Meanwhile, I'm just trying to get her mother to hold up to the deal that she suggested in the first place. Honestly if she files right now she'd be hurting herself more than helping anyway because if she ends up making it so I can't get a job in my field I won't make enough money to pay her anyway. Her best option is to back off until I get that job then she can file all she wants and I really wouldn't care even if it was tomorrow because I'd have the money to give.

Everything was perfectly fine until she got pregnant again lol. That's her fault not mine, but I'm going to be the one paying for it cause now she needs money.

 

[mrn1ceguy]

Because it would NOT be an enforceable contract. Obviously you are not talking to a family law attorney.

It's a family law firm :/ maybe he's new....

 

[Silverplum]

I'm not trying to screw over my child if I was trying to do that I'd do what the millions of dead beat dads do and just run off and I'm not. I'm here for her as much as humanly possible. I have her any day that I can have her and I cover her medical expenses just because I don't cut her mother a check every month when she doesn't pay for anything anyway since she lives with her parents right now and has no rent, no utility bills, a free car, didn't have to pay for college and pockets all the money she made up until she was stupid and accidentally got pregnant by someone else and screwed herself over that makes me a bad dad? I called you a troll because your advice was not helpful and didn't tell me anything other than the agreement wouldn't hold up in court and you were sarcastic in your delivery of that statement when it was uncalled for. So yes, you're a troll. I'm simply trying to last until I get a job in my field and make the money I need to make in order to pay what my child deserves. Meanwhile, I'm just trying to get her mother to hold up to the deal that she suggested in the first place. Honestly if she files right now she'd be hurting herself more than helping anyway because if she ends up making it so I can't get a job in my field I won't make enough money to pay her anyway. Her best option is to back off until I get that job then she can file all she wants and I really wouldn't care even if it was tomorrow because I'd have the money to give.

Everything was perfectly fine until she got pregnant again lol. That's her fault not mine, but I'm going to be the one paying for it cause now she needs money.

Really, now you're just making me laugh at you.

 

[stealth2]

You are welcome to pay an attorney for your advice.

 

[mrn1ceguy]

Really, now you're just making me laugh at you.

K. Glad you find it amusing.

 

[stealth2]

K. Glad you find it amusing.

I do, too. Find it amusing, that is.