Is extra considered a gift?

[slylyd]

What is the name of your state?oh
I was wondering if someone could please tell me if extra money sent through CSEA is considered a "gift"? When child support first started our order was for 650.00 per month. He was paying 710.00 to catch up. That was 6 years ago and he is more than caught up but still paying 710.00. He wants to go back to child support to lower his payments. He must not remember what the original order is for because he's been over paying 60.00 for years. Just curious how this would work.

Thanks

 

[BelizeBreeze]

First who are you and who is he and what the hell are you talking about?

 

[slylyd]

I receive the child support for my child. "He" is the bioloigical father. He, the biological father is paying 60.00 more a month than is ordered. Does CSEA consider that a gift? Something I would pay back? Would it decrease the amount he would owe if our order were revised?

 

[BelizeBreeze]

You AND CSE are in for a big surprise. Once arrearages were caught up CSE should have informed him.

He can now petition the court for a change to reflect the extra he was ordered to pay and will most likely get it.

It is NOT a gift.

 

[slylyd]

Ok thanks. The money he has been sending, with or without the extra 60.00 is great, because he's always payed it, to his credit.

One more question please, then I'll leave you to more important posts.

When we go back to Child Support...I still work full time but make much, much less than when we first got our order, and I know that he makes much more now. Even though he's over payed for so long could the child support still go up? If so, I'll assume that I can't agree to the original amount because the money is for my son and not me?

Just asking, because our lifestlye is fine, and I don't want the biological father or me to get screwed.
Thanks again

 

[BelizeBreeze]

Ok thanks. The money he has been sending, with or without the extra 60.00 is great, because he's always payed it, to his credit.

One more question please, then I'll leave you to more important posts.

When we go back to Child Support...I still work full time but make much, much less than when we first got our order, and I know that he makes much more now. Even though he's over payed for so long could the child support still go up? If so, I'll assume that I can't agree to the original amount because the money is for my son and not me?

Just asking, because our lifestlye is fine, and I don't want the biological father or me to get screwed.
Thanks again

I would stronly suggest that you discuss the matter with him because, from what you have posted here, it's a wash. His support obligation may go up or down, but he has been paying too much and that will be taken into consideration as well.

So, you can either ask for more and have it lessened by his overpayment, he can ask for less based on the overpayment, or the two of you can agree on the amount staying the same and him forgiving the overpayment.

 

[slylyd]

thank you for the advice.

 

[Bocsznik_darlin]

I am in Ohio too. I have seen a similar thing rently. which county are you in?