Looking for advice

[redheadsrock]

wow...and here i've been shelling out all this cash and it's not even legally binding? Would it look good in the court if I keep it going or should I shut it down asap? I just don't want any reprocussions if I cancel the allotment, cause I don't know if I can afford if they end up taking a penalty or something for cancelling when I have been giving her payments on the regular.

is there a "clearinghouse" in the child's state? we have a clearinghouse in AZ & it is in court orders that all support payments be sent through them so there is a "state record" of the payments. AZ considers all payments sent outside the clearinghouse as gifts & not countable against support payments - if I were you & there is some kind of clearinghouse there send the $$ to them, make sure you note on the payments that there is not a case # or support order and your name & ssn & her name & ssn re: child's name & ssn because the case is pending (in AZ - the clearinghouse has to hold the $$ for so long & when a support order is made by the court & an Order of Assignment is sent out the $$ they have been collecting is disbursed according to that order [example: AZ - past support can be ordered for up to 3-years back from date of filing - so if that order is given the payer is in the arrearages hole 3-years... if payments have been made to the clearinghouse then they release that $$ held in accordance - having that $$ sitting there is going to keep arrearages a little less than they may have been if nothing were paid at all])

check into the laws, support rules, etc in the superior court for the county where the case will be heard & make sure you are not digging a hole sending her $$ rather than some kind of clearinghouse

hope that helps

*******************
I am not an attorney and my notes here should not be taken as legal advise.

 

[Ohiogal]

is there a "clearinghouse" in the child's state? we have a clearinghouse in AZ & it is in court orders that all support payments be sent through them so there is a "state record" of the payments. AZ considers all payments sent outside the clearinghouse as gifts & not countable against support payments - if I were you & there is some kind of clearinghouse there send the $$ to them, make sure you note on the payments that there is not a case # or support order and your name & ssn & her name & ssn re: child's name & ssn because the case is pending (in AZ - the clearinghouse has to hold the $$ for so long & when a support order is made by the court & an Order of Assignment is sent out the $$ they have been collecting is disbursed according to that order [example: AZ - past support can be ordered for up to 3-years back from date of filing - so if that order is given the payer is in the arrearages hole 3-years... if payments have been made to the clearinghouse then they release that $$ held in accordance - having that $$ sitting there is going to keep arrearages a little less than they may have been if nothing were paid at all])

check into the laws, support rules, etc in the superior court for the county where the case will be heard & make sure you are not digging a hole sending her $$ rather than some kind of clearinghouse

hope that helps

*******************
I am not an attorney and my notes here should not be taken as legal advise.

If there is not a case number then the clearinghouse as you put it will NOT accept the payments.

 

[>Charlotte<]

You won't be penalized because you have not been and are not yet legally obligated to pay her anything.

Actually some courts might penalize him because of the two notarized agreements.

Well, thanks for cleaning up after me OG.
Sorry for the possible misdirect, OP.

 

[LdiJ]

Again...I will repeat...a military allotment is FAR different than other types of payments that ncps make prior to orders being issued.

In fact, I think that it would be really unlikely that a judge would ever consider a military allotment to be a "gift" instead of child support.

 

[Ohiogal]

Well, thanks for cleaning up after me OG.
Sorry for the possible misdirect, OP.

Clt, don't want to state that your advice would always be incorrect but a military attorney was involved here. We don't know exactly what advice was given. Plus the fact that there are two notarized agreements and depending on whether they BOTH state the same thing and then he fails to follow through -- while it would not be contempt, a court may frown on the backing away from duty type thing.

 

[>Charlotte<]

I was going on the presumption that a privately notarized agreement rarely supersedes a court order (as I've read within this forum so often), without stopping to consider that the military was involved. In fact, I have a very personal understanding of how seriously the military takes family responsibilities and should have known better.

 

[Ohiogal]

I was going on the presumption that a privately notarized agreement rarely supersedes a court order (as I've read within this forum so often), without stopping to consider that the military was involved. In fact, I have a very personal understanding of how seriously the military takes family responsibilities and should have known better.

Private notarized agreements do NOT supersede court orders. However there does not seem to be a court order here. Don't beat yourself up. The devil is in the details after all.

 

[my life is mine]

Again...I will repeat...a military allotment is FAR different than other types of payments that ncps make prior to orders being issued.

In fact, I think that it would be really unlikely that a judge would ever consider a military allotment to be a "gift" instead of child support.

As OP has stated he is now residing in NC, NC is very military wise in handling situations in family or domestic court. If an allotment is drawn up to other parent for support (whether family or child alone) they will take allotment in effect that support has been paid. OP can produce his LES/pay statement as proof of support. He can also go to MY PAY and print out a statement of allotments that will show when his allotment to other parent started.

Commands of military are very Pro Support your family, (whether child support or family support) if other parent where to contact his Command and complain of non-support (like if he stopped allotment) OP could wind up in trouble with Command.

I ask OP are you divorced at this point?

NC has a law of living apart for one year to divorce.

A good place to read up on NC divorce laws and custody laws, written in layman terms is

http://rosen.com/