Is child support money received considered for child support to be paid out?

[Silverharp]

What is the name of your state? My ex, our son, and I live in Oregon. The woman my ex got pregnant lives in Florida.

My ex and I have a son together. Technically my ex is supposed to give me child support, but since I make so much more money than him now I give him child support. However we never got the original agreement altered. We were both on the same page so it wasn’t a problem. I just send the money directly to his account.

The current issue is my ex has gotten another woman pregnant. He and this woman do not get along. Because of this and because the woman lives on the other side of the country my ex is not going to be much involved with the child. However he knows the woman will be going after him for child support. He doesn’t have a problem paying child support from him wages, but neither of us want my money that I send to his account going to a child that isn’t mine.

My ex thinks the solution is for me to simply stop giving him money and to instead directly pay for the things he would pay for for our son using the money. Then my money wouldn’t be considered income at all for him and wouldn’t be taken into account when the second child support order is set up.

It does sort of make sense to me. However, it is less work for me to just give him the money directly to his account so I want to explore other options.

I’m just wondering if we for instance got our child support changed to show that that money was actually child support from me instead of just being deposited into his account would it maybe not be counted for a second child support order since the money is legally for our son and not another child?

 

[zddoodah]

Your ex should want your existing order modified because he's in contempt of it by not paying you. Regardless, money you pay him as child support should not be considered income for purposes of this other woman's CS case against him. However, assuming she files a case in FL, he should consult with a FL family law attorney about that.

 

[adjusterjack]

A few questions.

Ex what? Boyfriend? Husband?

With whom does your son live the majority of the time?

Is there a court order in place for the child support that you pay?

 

[Silverharp]

A few questions.

Ex what? Boyfriend? Husband?

With whom does your son live the majority of the time?

Is there a court order in place for the child support that you pay?

Ex husband. We split time pretty equally. We only have a child support order for him to pay me.

 

[LdiJ]

Ex husband. We split time pretty equally. We only have a child support order for him to pay me.

He is building up arrearages because he isn't paying you. That is not a huge problem for him IF he was not ordered to pay the child support through the state (ordered to pay you directly instead) and you remain honorable and don't decide to chase him later for it. However, if he was ordered to pay you through the state, then they are tracking those arrearages and will eventually put the hammer on him to pay. If that happens, it won't be easy to fix things.

The better route would be to submit an agreed order to the court to both cancel his child support to you, and order that you pay child support to him. Since it would be an agreement, it would pretty much get rubberstamped by a judge. If you have an attorney do it, it will cost you some money, but it is unlikely that anybody would have to actually go to court to get it done.

 

[Silverharp]

He is building up arrearages because he isn't paying you. That is not a huge problem for him IF he was not ordered to pay the child support through the state (ordered to pay you directly instead) and you remain honorable and don't decide to chase him later for it. However, if he was ordered to pay you through the state, then they are tracking those arrearages and will eventually put the hammer on him to pay. If that happens, it won't be easy to fix things.

The better route would be to submit an agreed order to the court to both cancel his child support to you, and order that you pay child support to him. Since it would be an agreement, it would pretty much get rubberstamped by a judge. If you have an attorney do it, it will cost you some money, but it is unlikely that anybody would have to actually go to court to get it done.

I let him know, but we decided to just go with his option. Thanks though.

 

[luisaluisaflores97]

The idea put out by your ex to pay for costs directly instead of giving money might work, but it's crucial to make sure everyone is on board and that everything is recorded in writing. In the end, getting legal counsel will assist you in determining the best course of action for your particular situation.