Ex no longer wants support

[DecisionTime]

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

Joint legal, 50/50 custody, I am primary residential. I am paying child support (time and income share calculation). Ex just got a job (was previously unemployed and imputed minimum wage in divorce). Both parenting time changes and the child support calc will mean I no longer owe him support (he may actually owe me, but I don't need it and he has other financial stuff to look after). We hope to waive it when filing for a mod.

His schedule will be fuzzy for a little while, and so I planned to wait a couple months until his schedule was more predictable then get together a stip judgment addressing both parenting time and support. Until we have the info on his hours and location in order to do a proper plan, am I safe in the interim to deposit it in a 529 instead of sending support? He has emailed to say stop sending support.

CSE is not involved.

Thank you!

PS - for those wondering how my last issue worked out, I pointed out the time was rightfully mine, but offered it to him with a swap. He declined.

 

[Antigone*]

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

Joint legal, 50/50 custody, I am primary residential. I am paying child support (time and income share calculation). Ex just got a job (was previously unemployed and imputed minimum wage in divorce). Both parenting time changes and the child support calc will mean I no longer owe him support (he may actually owe me, but I don't need it and he has other financial stuff to look after). We hope to waive it when filing for a mod.

His schedule will be fuzzy for a little while, and so I planned to wait a couple months until his schedule was more predictable then get together a stip judgment addressing both parenting time and support. Until we have the info on his hours and location in order to do a proper plan, am I safe in the interim to deposit it in a 529 instead of sending support? He has emailed to say stop sending support.

CSE is not involved.

Thank you!

PS - for those wondering how my last issue worked out, I pointed out the time was rightfully mine, but offered it to him with a swap. He declined.

Is there a court order for support in place?

 

[DecisionTime]

Yes, there is an order in place. I suppose there's my answer right there. Pay up until I have a new order.

 

[Zigner]

If the recipient doesn't want it, the recipient should simply "gift" it back to the payer.

 

[single317dad]

Yes, there is an order in place. I suppose there's my answer right there. Pay up until I have a new order.

As my grandpappy used to say, and his grandpappy before him, and his grandpappy before him:

"Yup."

 

[mistoffolees]

His schedule will be fuzzy for a little while, and so I planned to wait a couple months until his schedule was more predictable then get together a stip judgment addressing both parenting time and support. Until we have the info on his hours and location in order to do a proper plan, am I safe in the interim to deposit it in a 529 instead of sending support? He has emailed to say stop sending support.

Won't work. Even if you get a modification, it won't be retroactive to any time earlier than the date of filing - so the support is still due. If you put it into a 529 plan, ex can say that you didn't pay - and she'd be right. You could be ordered to pay again.

As others have suggested, just pay her and have her return the money to you. That way you have a canceled check proving it was paid. Or pay her and have HER deposit the money into a 529.

 

[DecisionTime]

Thanks all. We'll see which way he prefers to go and I'll push to get the mod filed as soon as I can.

Misty, I know it doesn't change the advice, but just to clarify, I'm the mother and the payer. Last time I checked the drawers I still warranted the "she" and "her" version.

 

[CSO286]

Thanks all. We'll see which way he prefers to go and I'll push to get the mod filed as soon as I can.

Misty, I know it doesn't change the advice, but just to clarify, I'm the mother and the payer. Last time I checked the drawers I still warranted the "she" and "her" version.

And Misto still warrants the his/him pronouns....

Jes' sayin'