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What is the name of your state? Kentucky

I originaly posted a child support question a few days ago and received some very good comments/advice. Silverplum was one that provided some apprecaited comments and thank you again. I would love to have agreed with the statment I was given at the end the post however due to a "no disparaging" clause in our agreement that ex wanted, I don't feel comfortable saying what I think. I can only :) at the comment that was made.

Nevertheless, I had another question and I just want to be a very prepared and educated father/dad when it comes to our 2 1/2 year old sons rights, etc. In a nutshell, my question is as follows:

Our divorce agreement was entered into court on Thrusday 2/28. The agreement was signed by both parties which clearly stated that the ex will pay $200.00 per month to be direct deposited into an account which I had to set up within 14 days from the signing of the agreement. I have subsequently set up this account last week. I agreed to the direct deposit because the ex was fighting me over a wage assignment, etc. I wanted it over so I could invest what little money I had left into a 529 for our son instead of fighting over money she felt she was owed so, I conceded and am going to pay her what she wanted as a settlement within 60 days and ex would pay child support.

With that said, today I get an e-mail from ex, telling me that she got my direct deposit acct # but instead of paying $200.oo a month as agreed and entered into court, she would do a 26 week payment plan instead of paying a monthly payment of $200.00. When I did the math the total will come up to the same as if she was paying $200.00 a month ($2400.00 anually). However, this is how she wants to do it. 10 months out of the year, I will not be receiving the $200.00 amount but an amount that is less then agreed upon. Ex's argument is that I will make the difference up the 2 months she is paid 3 times in that month. The ex stated that payments will be made this way because in a calendar year, I "will be given $1.04 extra a year and I could pay her the difference at year end?" because her company only "dealt in whole numbers" (1.00, etc).

Maybe I am more upset because of the $1.04 comment. My ex has a net monthly income of $5000 compared to my net income of $3400. I have our son enrolled into activities for todllers and one term alone costs $130.00 for 8 weeks. I never asked the ex to help out, I just made ends meet. I think it's petty and will be more then happy to write ex $1.04 over payment check at year end or wahtever I need to do to satisfy the overage.

My question is this, if the agreement states $200.00 a month shall be paid by direct depost into an account I designate, then isn't that what ex should be paying ($200.00 per month)? Or is she permitted to deviate/modify the court ordered agreement to suit her needs?

Sorry for the long post and any assistance would be appreciated.

justadad-ky
 
Last edited:


Ohiogal

Queen Bee
Child support is normally calculated at a monthly amount and then the entire yearly total is disbursed over the amount of pays per year.
 
Thank you for your response. If I understand correctly though a monthly figure is given (i.e $200.00), the court looks at what that monthly total payment would give over a 1 year period. And then the person paying can decide how to get to the total for the year inlue of paying the set amount each month?
 

LdiJ

Senior Member
Thank you for your response. If I understand correctly though a monthly figure is given (i.e $200.00), the court looks at what that monthly total payment would give over a 1 year period. And then the person paying can decide how to get to the total for the year inlue of paying the set amount each month?
Let me explain it differently, because I think it will make more sense to you. If a wage assignment had been ordered, then the yearly amount would be divided by the number of pay periods in the year, because the employer simply cannot be required to withhold unevenly, because that would give way to much room for error on the employer's part, and would be an undue burden on the employer.

Its the same thing here. Obviously its going to be a voluntary direct deposit from her paycheck to your bank account, and it would be completely unreasonable to expect her employer to vary things from paycheck to paycheck, in order for you to get a set 200.00 a month.

So instead, you are going to get approximately 92.00 per pay period. Yes, that means that 10 months out of the year you will get 184.00 instead of 200.00, and 2 months out of the year you will get 276.00 instead of 200.00. If 16.00 a month is going to make or break your budget 10 months out the of year, then you need to do some downsizing.

In any case, this is all VERY normal.
 
LdiJ, thanks for breaking that down for me. I wasn't sure if I was reading the prior post correctly. You are also correct that maybe I will need to look at downsizing at some point. I may have not explained myself correctly, I'm not the person worried about $1.04 in overpayment. When I was told by the x I would need to pay her back at year end, I sent a reply that conveyed to her that I would write a check to her for the total amount ($1.04) to cover overage payments in child support. I personally would consider the $1.04 as a gift and very petty on ex's part but that's not fact, just MHO.

Thanks again.
 

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