Question about Child Support

[georgia_girl328]

What is the name of your state (only U.S. law)? GA

Here is what my divorce papers state regarding child support: Child support payments will be due and payable thereafter on the 1st and 15th day of each month in the amount of $300 each until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated......The child support set out above shall be reduced for as long as the plaintiff father is making the car payment on the 2006 Nissan Altima by $210 per month. Once the vehicle is paid for, the child suport will revert back to $600 per month payable at the rate of $300 on the 1st and 15th day of each month.

This is what it says regarding my car:
The Wife shall have sole right, title, and possession of the 2006 Nissan Altima. The Husband shall make the monthly payments on the vehicle and shall receive a deduction from his child support at the rate of $210 per month until the vehicle is paid for in full. The Husband agrees to execute any and all documents to convey title to said automobile into the name of the Wife at the time of payoff of the automobile loan.

Here is my question:
I want to go through the state to have child support reevaluated and also paid directly into my checking account. IF I choose to go through the state, would I be in contempt because the state will not deduct the car payment from child support I would have to give him the money for it.

 

[wavehopper27]

Basically, your support order is $205 twice per month. If you have the state set the support at this level then everything should remain the same except that your support payments would be taken from his check rather than him paying you directly. I see no issue with this.

Child support is fluid, this side agreement you 2 have regarding the support amount is unenforceable. Either one of you can go back and request a support modification at anytime regardless of whatever side agreements you have.

 

[Zigner]

Basically, your support order is $205 twice per month. If you have the state set the support at this level then everything should remain the same except that your support payments would be taken from his check rather than him paying you directly. I see no issue with this.

Child support is fluid, this side agreement you 2 have regarding the support amount is unenforceable. Either one of you can go back and request a support modification at anytime regardless of whatever side agreements you have.

It's really not a "side agreement" since it's written in to the court order. Child support is $600 per month with an offset to go towards a car payment.

 

[georgia_girl328]

It's really not a "side agreement" since it's written in to the court order. Child support is $600 per month with an offset to go towards a car payment.

So should I consult with an attorney before filling out the online application with the state of GA?

 

[LdiJ]

So should I consult with an attorney before filling out the online application with the state of GA?

You could let them set it at 600.00 and then simply take over the car payments yourself.

 

[wavehopper27]

It's really not a "side agreement" since it's written in to the court order. Child support is $600 per month with an offset to go towards a car payment.

Reagrdleess of what you call it, its still unenforceable. Either party can still seek a modification anytime.

 

[Zigner]

Reagrdleess of what you call it, its still unenforceable. Either party can still seek a modification anytime.

Enforceability and the ability to seek a modification are not mutually exclusive. I believe the current order is completely enforceable and modifiable.

 

[LdiJ]

Reagrdleess of what you call it, its still unenforceable. Either party can still seek a modification anytime.

That does not make it unenforceable. If that were the case, then child support and custody would be unenforceable as well as they can also be modified. It is an enforceable order until its modified.

 

[georgia_girl328]

You could let them set it at 600.00 and then simply take over the car payments yourself.

So it wouldn't be going against my divorce papers?

 

[LdiJ]

So it wouldn't be going against my divorce papers?

It would, but it would be acceptable to the court if its acceptable to your ex. If your ex would object to that (if he doesn't trust you not to mess up his credit, for example) then it might not be possible.

 

[georgia_girl328]

It would, but it would be acceptable to the court if its acceptable to your ex. If your ex would object to that (if he doesn't trust you not to mess up his credit, for example) then it might not be possible.

I doubt he would. Although I can't afford to lose my car so common sense should tell him I wouldn't not pay for my car.

 

[georgia_girl328]

just to give you guys an idea of what I am dealing with I will show you some things he's posted to facebook.
(yes we're facebook friends, in the past we were a lot more amicable toward each other and became friends on there so if there were any pictures that one of us took that the other wanted we could just save them.)

This is his most recent status:
"there's nothing more important to me than providing for my little girl. the government stays so serious about child support except when it comes to how the money is spent. and ex-wives, why are their memories so bad except on the 1st and 15th?"

He also dedicated Eminem's song about his ex wife titled 'Kim' to me although I can't prove it because it only hints at it. If you look up the lyrics to this song you would be more than a little disturbed.

So I said all that to say this, no I don't think he'd be amicable about letting me pay him my car payment. He would have to be made to do it.

 

[LdiJ]

just to give you guys an idea of what I am dealing with I will show you some things he's posted to facebook.
(yes we're facebook friends, in the past we were a lot more amicable toward each other and became friends on there so if there were any pictures that one of us took that the other wanted we could just save them.)

This is his most recent status:
"there's nothing more important to me than providing for my little girl. the government stays so serious about child support except when it comes to how the money is spent. and ex-wives, why are their memories so bad except on the 1st and 15th?"

He also dedicated Eminem's song about his ex wife titled 'Kim' to me although I can't prove it because it only hints at it. If you look up the lyrics to this song you would be more than a little disturbed.

So I said all that to say this, no I don't think he'd be amicable about letting me pay him my car payment. He would have to be made to do it.

How long until the car is paid off? How much is still owed on it? Any chance you could refinance it?

 

[georgia_girl328]

How long until the car is paid off? How much is still owed on it? Any chance you could refinance it?

The car will be paid off in 2017. I spoke with him about refinancing (I can't do it right now due to some of my bad choices as a teenager w/ credit cards I royally screwed up my credit and am still paying the consequences 10 yrs later) but it'll never happen.

 

[single317dad]

If child support is modified (with or without the assistance of the state attorney), a new order will be issued, which will supersede the old order. If the new order does not mention the car payment, he is no longer responsible for said payment as far as your divorce is concerned (though he will still be responsible to the loan company if he's the legal debtor, and would probably still have no rights to the car).