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Giving back CS?

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JimS123

Junior Member
What is the name of your state (only U.S. law)? CO

First of all I know how most people here feel about overstepping steparents so I hope this doesn't offend anyone since I'm the stepdad but this is something I want to suggest to my wife and I want to make sure I know what I'm talking about first.

My stepsons dad pays child support and has visitation. He doesn't make payments directly to my wife he pays the child support people and then they pay her. The problem is the dad is having really bad financial problems mostly because of things that he had no control over. He found three jobs two are local but don't pay enough. One pays enough but he'd have to move pretty far away. That would make a big difference on the amount of time he has with his son. My stepson and his dad are very close and this would break my stepsons heart.

My wife was talking about trying to temporarily stop or at least reduce his CS because we're doing well and not having the support payments would not be a hardship. That amount would make it possible for him to take one of the less paying jobs and he would only need about a year to get his financial problems taken care of.

My question is instead of going back to court to ask for a modification and then back to court again after a year to ask for another one couldn't she just give him back the money he pays every month? Would this be some kind of fraud? I want to suggest this to her but I don't want to advise her to do something not legal. Would the court even let her do this? They might say all that matters is the interst of the child and its in his interest to get this money every month. My wife believes helping his father not have to move 500 miles away from him is better for him than being able to afford new Nikes every month or whatever and she's right.

I'm sorry if it isn't my place to ask and I will have my wife make her own account if she needs too.
 


Zephyr

Senior Member
I applaud your thoughtfulness and desire to support the relationship between father and son. I do not think it would be fraud for mom to give the money back. The only real person who could complain about mom not getting the money is mom. And since cs is a reimbursement- it's mom's money to do with as she pleases- if she wants to give her ex a 300 dollar gift every month she can.
 

Ohiogal

Queen Bee
OMG. OMG. You are a STEPPARENT? Seriously more should take after you. CONGRATS for recognizing the importance of the child's parents to said child and for being supportive. I applaud you.
And I agree with Z 100%!

Oh and by the way HOW DARE YOU MAKE ME TEAR UP! Someone is going to think I have a heart.
 

Artemis_ofthe_Hunt

Senior Member
OMG. OMG. You are a STEPPARENT? Seriously more should take after you. CONGRATS for recognizing the importance of the child's parents to said child and for being supportive. I applaud you.
And I agree with Z 100%!

Oh and by the way HOW DARE YOU MAKE ME TEAR UP! Someone is going to think I have a heart.
Ok, somebody record this for posterity sake! This is as close to gushing as I've ever see OG... lol! :D
 

Hisbabygirl77

Senior Member
I applaud your thoughtfulness and desire to support the relationship between father and son. I do not think it would be fraud for mom to give the money back. The only real person who could complain about mom not getting the money is mom. And since cs is a reimbursement- it's mom's money to do with as she pleases- if she wants to give her ex a 300 dollar gift every month she can.
The only potential problem I see with this is what if dad doesnt make enough for Child support office to take out full amount each month out of his paycheck. He will then have arrears that will mount up. Im not sure how his state works but I know in AZ they can only take up to I believe 40% of the paycheck each pay period for CS. ....Does anyone understand what I am trying to say? If say his state is the same and 40% of his paycheck is less than his monthly child support obligation everything else would be considered going to arrears. I hope I am wording this correctly.
 

JimS123

Junior Member
Thanks for the advice Zephyr that's what I thought made sense but I'm not sure if CS affects anyones taxes and if this could be looked at as some kind of kickback or something or whatever. It just sounded like the solution was too simple to be legal.

Didn't mean to make you tear up Ohiogal. If it would make you feel less better I could post a copule of paragraphs about how I really can't stand this guy...LOL...he's kind of a jerk. Worst husband in the world and put my wife through hell for a while but when it comes to that little boy he's a completely different person and a real stand up father. Plus he really has been trying his best and just got hit with a lot of bad luck so you have to feel for the guy.

Hisbabygirl77 that's a good point but it's not a problem. Even with the job that doesn't pay as much he'll make enough for the CS. He just won't make enough for the CS and pay his mortgage and his other bills including a lot of medical stuff that got him in this mess in the first place.

He might even decide to take this job where he has to move since it would make him pretty financially healthy and it would be temporary but my wife just wants him to at least have another option. I just wondered if they go that route do they have to go through all the process of going back to court and all which can be a pain. If anyone has any other input keep em coming but I won't have a chance to see them until Monday. Thanks again.
 

Rushia

Senior Member
The only potential problem I see with this is what if dad doesnt make enough for Child support office to take out full amount each month out of his paycheck. He will then have arrears that will mount up. Im not sure how his state works but I know in AZ they can only take up to I believe 40% of the paycheck each pay period for CS. ....Does anyone understand what I am trying to say? If say his state is the same and 40% of his paycheck is less than his monthly child support obligation everything else would be considered going to arrears. I hope I am wording this correctly.
I understand what you mean. But at any court appearance or review, she could waive those so long as none of it is owed to the state. Right OG?

To the OP: You are most definately not an overstepping step. Congrats to you for thinking of the child instead of the money! You are one of the best steps we've had in a very long time.
 

Rushia

Senior Member
Didn't mean to make you tear up Ohiogal. If it would make you feel less better I could post a copule of paragraphs about how I really can't stand this guy...LOL...he's kind of a jerk. Worst husband in the world and put my wife through hell for a while but when it comes to that little boy he's a completely different person and a real stand up father. Plus he really has been trying his best and just got hit with a lot of bad luck so you have to feel for the guy.

That just makes you look better that you can bite your tongue and think of your stepson.
 

wileybunch

Senior Member
OP, your wife and her ex can enter into a stipulation and file that. It can get a little complicated just because it has to pass through so many hands, but your wife can agree to a lower amount for one year and then a schedule to increase it back after a year (or whatever). My DH did this with his ex because his child support is handled directly by family support, too, and they tend to screw things up when it's time for a change so he handled the new calculations based on his higher pay and only having 1 child left on child support and calculated in the summer timeshare when they owe each other support, etc. He gave his ex a break because she wanted to basically lie about her income and it just wasn't worth it so she's not really paying what she's supposed to, either (which is really just a small credit to what DH pays). They did the stipulation themselves and filed it with the judge. The judge said it needed to be signed off by family support so it went there. They wanted their own signature line near the parties' signature lines so that was modified. Then family support signed off on it and it went back to the judge. After the judge signed off then it went back to family support to be implemented. It took many weeks for all of that to get done, but it's so explicit that they couldn't mess it up, they're only messing up crediting back DH's over payments, but I digress ....
 
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