My X and Children return Home

[lwrventures]

I allow my X and Children to move back into my home. I am paying Child support to her every month, this is paid directly to her,not to court. We have joint custody. Court order states that regaurdles of who has custody, payments are made. Sense the Children now reside in my home, do I need to continue payments to my X. Court order considers my X as primary custodian and that the children reside with her. My X and I are not back together, Just helping her out. Do I need a Lawyer to stop child support while they reside with me?

 

[usmcfamily]

Hi-Ho, Hi-Ho....it's off to court you go........
You need to file a petition with the courts for a modification of support based on the change of circumstance. I would suggest using an attorney for the simple reason that things like this can be complicated and without a full understanding of state statutes you may end up making a mistake somewhere along the line and those can be costly. The complications comes from the fact that the NCP and CP are sharing a residence and the support issue needs to be addressed in such a manner that should this arrangement come to an end the support will be re-established. Unless you speak fluent legalese attorneys (or at least paralegals -- cheaper and they can fill out the paperwork/file it for you)are the best option - for all parties protection.
As this is a temporary arrangement, you might also consider asking your ex to return all payments made during the time she is staying with you - this allows you not to interrupt the support and not to have to go through the court process. As it sounds that things are amicalbe between you this should be a workable suggestion and serves all parties involved.
Good luck and God Bless

 

[lwrventures]

Thanks

Thanks for your reply,, I was hoping to avoid court cost, But I want to make sure all areas are covered,, What if my X signs a document stating that she would waiver payments untill she establish her own residence

 

[MySonsMom]

Why don't you just pay her, and then have her turn around and give the money back to you? That is if you don't want the hassle of changing it, and then changing it back when she leaves. Just something to think about. I guess the two of you must have a pretty decent relationship if you have agreed on this temp. arrangment. Just a thought. Good luck!

 

[usmcfamily]

Wouldn't it be nice if life were simple...

Well, the only problem with that idea is that any agreement between you and your ex is null and void until also signed off on by the judge.....so you would still need to petition the court to have the agreement included as an amendment to your original order. Possible problem that could arise from such an agreement is that down the road your ex could come after you for the support she "waived" in the agreement by claiming you didn't pay - and regardless of any personal agreement between the two of you without a judges signature she would have full legal grounds for pursuing the support that should have been paid in that period. At the moment all is well and good between you and the ex, but as we all know that can change at the drop of a hat - better to cover your bases....that is why my suggestion to have her return all support paid - you will have the cancelled check to prove paying her and that will cover you hiny! (this is the only feasible way I see of you avoiding a court process and even this may leave you open to some disagreement later on but at least you will have proof you paid it to her - what she does with it after that - ie giving it back to you as suggested - is up to her...you only have to prove you gave it to her!)
Have you discussed this matter at all with her yet? You will likely be able to decide how best to proceed based on her reaction to the idea of suspending payment - if she is adamant about you continuing to pay the support despite the living arrangement you will have to either pursue it in court or ask her to find other living arrangements and continue paying the support to allow her to do that.

 

[lwrventures]

Greatfull

I just wanted to thank both usmcfamily and MySonsMom for responding with the great advice, I will probably just leave things the way they are and hope I have no problem in collecting the money back from her. If so I will go from there. Thanks again,truly greatfull!!