in arrears and offering to by daughter a car

[californiamom3]

What is the name of your state (only U.S. law)? CA
EX is $70 thousand in arrears and has paid one half of a payment compared to the 3 months owed on the the new support order.
He recently informed our daughter that he will double what she has in the bank to help her buy a car. That would be about $1,000
I would be extatic for our daughter if it weren't for his arrears.
Is there anything legal that I can do about this if he were to "gift" her $1,000 when he owes so much in arrears?
Does this not show his "ability to pay" child support if he were to fork out this kind of cash?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA
EX is $70 thousand in arrears and has paid one half of a payment compared to the 3 months owed on the the new support order.
He recently informed our daughter that he will double what she has in the bank to help her buy a car. That would be about $1,000
I would be extatic for our daughter if it weren't for his arrears.
Is there anything legal that I can do about this if he were to "gift" her $1,000 when he owes so much in arrears?
Does this not show his "ability to pay" child support if he were to fork out this kind of cash?

Yep, that certainly would indicate an ability to pay. Its certainly something to bring up in court the next time that they haul him in for contempt.

 

[californiamom3]

Thanks.
We have a review hearing on the 24 of August for support and custody.
Would this be worth bringing up now in August) or shall I wait until money has been exchanged?

 

[LdiJ]

Thanks.
We have a review hearing on the 24 of August for support and custody.
Would this be worth bringing up now in August) or shall I wait until money has been exchanged?

You can certainly mention the offer...however the 24th of August was 5 days ago...LOL, did you mean September?

 

[californiamom3]

Der....yep September.
I was just thinking that the offer doesn't mean that he actually has the money.
Although I appreciate the extra he also give the girls money during visitations.
Sometimes $20 or so. He gave the oldest $100 to pay for driving school.
I've tried to explain that it would benifit him if he paid this money through DCSS.
He recently gave one daughter a stack of Lotto tickets he had bought and wants her to check them.
As he handed them over he said, "If we win we'll split it 5 ways."
I think that he is avoiding "winning" the lotto so that it would not be intercepted.
I think next time I might tell him to check the numbers himself.

 

[meanyjack]

Der....yep September.
I was just thinking that the offer doesn't mean that he actually has the money.
Although I appreciate the extra he also give the girls money during visitations.
Sometimes $20 or so. He gave the oldest $100 to pay for driving school.
I've tried to explain that it would benifit him if he paid this money through DCSS.
He recently gave one daughter a stack of Lotto tickets he had bought and wants her to check them.
As he handed them over he said, "If we win we'll split it 5 ways."
I think that he is avoiding "winning" the lotto so that it would not be intercepted.
I think next time I might tell him to check the numbers himself.

What you "think" is irrelevant and meaningless in court. Instead of griping and theorizing about some backdoor motive of his, how about just being appreciative he's doing this stuff?

 

[californiamom3]

What you "think" is irrelevant and meaningless in court. Instead of griping and theorizing about some backdoor motive of his, how about just being appreciative he's doing this stuff?

Should I also be unsuspecting when he encourages me to acquire passports for the children while he is here on a temporary visa?
Have you read through my other postings?
I have very good reasons to believe that he has an ulterior motive for most of what he does.
Dad paying DSCC instead of the children money would indeed benefit him. He could be knocking all this money off of his arrears and current support. Beneficial to him and the children. I don't see that so much as a personal opinion but rather factual.

 

[advocateforkids]

wouldn't even pay the principal

Just to let you know, even if dad made a $500 payment on back child support per month it wouldn't even cover the CA interest of 10% so you and the kids would never see a dime. My dad paid over $18,000 on a $13,000 lump sum ordered for my half-brothers over the course of time in $100 to $200 increments and he still owes $13,000 almost 10 years later (they went to live with him shortly after, the one lump sum back child support order for a one year's time was made, and the current support order was stopped). It makes no sense for your ex to pay anything towards back child support and him playing the lottery is about the only way he could probably ever pay this off so at least he's off to a good start. lol Sorry, I'm not avoiding the fact that he owes you money, but the kids would actually see the money if he gives them it. The state will be getting the money, not you if you bring this car thing up. Also, at least he's giving something. Don't like the way the system works? Let California know they are charging an outrageous interest rate that only benefits the state and not the custodial parent or the children.

 

[californiamom3]

Just to let you know, even if dad made a $500 payment on back child support per month it wouldn't even cover the CA interest of 10% so you and the kids would never see a dime. My dad paid over $18,000 on a $13,000 lump sum ordered for my half-brothers over the course of time in $100 to $200 increments and he still owes $13,000 almost 10 years later (they went to live with him shortly after, the one lump sum back child support order for a one year's time was made, and the current support order was stopped). It makes no sense for your ex to pay anything towards back child support and him playing the lottery is about the only way he could probably ever pay this off so at least he's off to a good start. lol Sorry, I'm not avoiding the fact that he owes you money, but the kids would actually see the money if he gives them it. The state will be getting the money, not you if you bring this car thing up. Also, at least he's giving something. Don't like the way the system works? Let California know they are charging an outrageous interest rate that only benefits the state and not the custodial parent or the children.

He made a $300 payment this month (which is less than half of regular monthly support and the only payment he's ever made)
and I got the $300 in check form from DCSS.

 

[advocateforkids]

ok...

so he made his first current support (otherwise you would not have gotten anything) payment. How much does he make a month and how many kids does he have (of those which are with you)?

 

[californiamom3]

so he made his first current support (otherwise you would not have gotten anything) payment. How much does he make a month and how many kids does he have (of those which are with you)?

I haven't a clue as to how much he makes now. He changed jobs again.
We have 3 children from an 11 year marriage which are 16, 13 and 10. I have 100% legal, physical, 100% custody.
He has once a week 2 hour visitations. (he was absent for 5 years)
When I dropped the girls at their visit tonight he said that his new job has been all straightened out with DCSS and the first payment should be coming out of his check on the 1st of September. $600 each month plus $100 extra towards arrears.
Are you saying that I won't see that money?

 

[LdiJ]

I haven't a clue as to how much he makes now. He changed jobs again.
We have 3 children from an 11 year marriage which are 16, 13 and 10. I have 100% legal, physical, 100% custody.
He has once a week 2 hour visitations. (he was absent for 5 years)
When I dropped the girls at their visit tonight he said that his new job has been all straightened out with DCSS and the first payment should be coming out of his check on the 1st of September. $600 each month plus $100 extra towards arrears.
Are you saying that I won't see that money?

I think that the previous poster was confused. The state wants the children supported. Even if your state keeps the interest (which would be odd in my opinion) they are not going to take it off the top.

I think that probably the other poster was thinking about a case where the children were on welfare, and the state was keeping the child support to repay the welfare benefits.

 

[WittyUserName]

I think that the previous poster was confused. The state wants the children supported. Even if your state keeps the interest (which would be odd in my opinion) they are not going to take it off the top.

I think that probably the other poster was thinking about a case where the children were on welfare, and the state was keeping the child support to repay the welfare benefits.

I agree. Thought that was odd too - unless things have changed drastically in CA, they do not keep any of the CS money paid between parents. My folks had a similar situation and Mom got the entirety of whatever Dad paid. (Although I know many states are now deducting a small fee, like $25/year.)

 

[TheGeekess]

I agree. Thought that was odd too - unless things have changed drastically in CA, they do not keep any of the CS money paid between parents. My folks had a similar situation and Mom got the entirety of whatever Dad paid. (Although I know many states are now deducting a small fee, like $25/year.)

It's a federal mandate that they charge the $25/year to parents using the state's CSE that are not on state aid.

 

[Isis1]

It's a federal mandate that they charge the $25/year to parents using the state's CSE that are not on state aid.

which is a fantastic charge. i just haven't seen it yet. but then, i don't pay attention to their accounting very well.