Recoup child support

[Redwings15]

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

I have agreed to pay child support in the amount of $1700 that is NOT garnished. Over the past thirteen months I have paid the mortgage in the amount of $1880 in luie of child support. She has lived in the home and was neve able or willing to pay her $180 portion. I was forced to pay it or have the house foreclosed on. She is now moving out of the house and I am taking it over. Starting Dec 1, 2011 I will be writing her a check direct. Do I have the legal right to short pay her for the next thirteen months to recoup my overpayment?

Thank you

 

[CSO286]

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

I have agreed to pay child support in the amount of $1700 that is NOT garnished. Over the past thirteen months I have paid the mortgage in the amount of $1880 in luie of child support. She has lived in the home and was neve able or willing to pay her $180 portion. I was forced to pay it or have the house foreclosed on. She is now moving out of the house and I am taking it over. Starting Dec 1, 2011 I will be writing her a check direct. Do I have the legal right to short pay her for the next thirteen months to recoup my overpayment?

Thank you

Is there a court order requiring you to pay child support?

Or, was this just something you worked out between the two of you?

As to the question you asked, it depends on what the court order states.

 

[Redwings15]

We both agreed and submitted it in court. It was signed by a judge.

 

[Redwings15]

Is there a court order requiring you to pay child support?

Or, was this just something you worked out between the two of you?

As to the question you asked, it depends on what the court order states.

Thank you. We both agreed originally thirteen months ago and it was signed by a judge. Me paying the mortgage in luie of child support is something we agreed to after.

 

[CSO286]

Thank you. We both agreed originally thirteen months ago and it was signed by a judge. Me paying the mortgage in luie of child support is something we agreed to after.

Actually, from an enforcment perspective only, you did not pay child support then.

Is the state CSED enforcing your court order? I'm going to guess "no", since you stated that there isn't any income withholding in place.


What could happen: She gets huffy and takes the order to CSED to enforce and states that you failed to pay support for those months. Yes, I know you paid the mortgage, but by the letter of the law, you did not pay the support. CSED will more than likely add those in as arrears (past due support) and then you are open to several unpleasant enforcement remedies.


What you should do now: get an agreement in your file (signed by you both and then by the Judge) that indicates you paid the mtg for that period in lieu of support, or something that states she forgives any past due support (because, technically, you did not pay child support) for that period since you paid the mortgage.


One caveat: Was Mom on any type of cash public assistance in this timeframe? If so, everything I just said id invalid, because it's likely the support was asigned to the state, and they aren't going to let you off the hook like that.

 

[Redwings15]

Actually, from an enforcment perspective only, you did not pay child support then.

Is the state CSED enforcing your court order? I'm going to guess "no", since you stated that there isn't any income withholding in place.


What could happen: She gets huffy and takes the order to CSED to enforce and states that you failed to pay support for those months. Yes, I know you paid the mortgage, but by the letter of the law, you did not pay the support. CSED will more than likely add those in as arrears (past due support) and then you are open to several unpleasant enforcement remedies.


What you should do now: get an agreement in your file (signed by you both and then by the Judge) that indicates you paid the mtg for that period in lieu of support, or something that states she forgives any past due support (because, technically, you did not pay child support) for that period since you paid the mortgage.


One caveat: Was Mom on any type of cash public assistance in this timeframe? If so, everything I just said id invalid, because it's likely the support was asigned to the state, and they aren't going to let you off the hook like that.

Wow....that is unreal and I better get this completed. She does not get any extra state funds. Thank you for assistance.

 

[mistoffolees]

Wow....that is unreal and I better get this completed. She does not get any extra state funds. Thank you for assistance.

And, in the future, remember that court orders are ORDERS and not suggestions. Before making any changes (even with your ex's agreement), make sure you understand the consequences. If you're changing something trivial like pick-up times on a given weekend, it's not a big deal. But changing something major without getting it added to the court order can lead to problems.