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Should he keep paying?

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abstract99

Senior Member
What is the name of your state? Indiana I believe

My firend fiancee is running into a problem. He currrently sends his ex well over 50% of his paycheck each month for child support. There is no court order requiring him to do so. The child is 3 years old. He has been sending so much because he is constantly on the road and up until him and his fiancee bought a house, had no solid residence and thus no bills to pay. They up until recently have always gotten along and he was doing this for his child. His place of employment paid for him to stay in hotels because of the travel involved in the job. He has now been paying less but mind you, this is still without a court order requiring him to do so. His ex is now threatening to take him to court to have it assigned at the amount he was paying (roughy $1500 a month for one child when he makes about $2000). I was under the impression that without a court order his payments were considered cash contributions. He now wants to go to court and have an order for a specific amount entered to get his ex off of his back. He wants to know if he should stop paying until an order is entered and simply set some money aside each month and pay that towards any retroactive support or should he keep paying and hope the courts count what he is paying as support?
 


abstract99 said:
What is the name of your state? Indiana I believe

My firend fiancee is running into a problem. He currrently sends his ex well over 50% of his paycheck each month for child support. There is no court order requiring him to do so. The child is 3 years old. He has been sending so much because he is constantly on the road and up until him and his fiancee bought a house, had no solid residence and thus no bills to pay. They up until recently have always gotten along and he was doing this for his child. His place of employment paid for him to stay in hotels because of the travel involved in the job. He has now been paying less but mind you, this is still without a court order requiring him to do so. His ex is now threatening to take him to court to have it assigned at the amount he was paying (roughy $1500 a month for one child when he makes about $2000). I was under the impression that without a court order his payments were considered cash contributions. He now wants to go to court and have an order for a specific amount entered to get his ex off of his back. He wants to know if he should stop paying until an order is entered and simply set some money aside each month and pay that towards any retroactive support or should he keep paying and hope the courts count what he is paying as support?
He should contact a local attorney if he is planning on filing, and that attorney will advise him as to the acceptable practice for your area. Any money he is currently giving her could be seen as "Gifts" and he could have to pay twice...Contact an attorney! Good Luck!:)
 

BelizeBreeze

Senior Member
Without a full disclosure of his finances, there is no way we can determine how much he SHOULD be paying.

However, what I can tell you is all monies he has given her, unless he can prove the amounts, is a gift. For one child, if he can provide proof of his prior payments, and his income is (gross) approximately $3,000 a month, then he should be paying less than half of what he is now.

I would strongly suggest he speak with a local attorney about filing now to include joint custody, visitaiton, support AND paternity.
 

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