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  1. #1
    Join Date
    Jan 2008
    Posts
    12

    Default Paying Off Child Support In One Lump Sum

    Our state- Louisiana

    My husband has a seven year old daughter for whom he pays CS regularly. He is a contract worker, so his yearly income is different from year to year. Sometimes more, sometimes less, and in order to make more, he has to travel out of state and work 80+ hours a week for weeks or months at a time.

    The thing that scares me is, if he has a good year and the mother (who doesn't work at all as she just had her third child by a third father) decides to take him to court for an increase (because he is her main source of income) he will be ordered to pay an amount which he may not be able to afford the following year, and it's hard to get a reduction.

    I'm wondering if we are able to save up enough money to offer the mother a lump some roughly equal to what she would have received by the child's eighteenth birthday, and she agrees, would this be wise? Could we sign documents to make the agreement binding so that it would hold up in court?

    That way we wouldn't have to stress about the constant threat of having the child support increased. My husband's work varies so greatly, and it is not a happy life/ marriage for him to have to work out of state and 80+ hours a week just to make ends meet. It happens sometimes, but we don't want it to be necessary just to make CS payments.

    Thanks!

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Paying Off Child Support In One Lump Sum

    I think you're reaching here.
    Many of us are in the same boat. I made 10k more last year, then I can even think of making in the future, yet, that's what my new CS amount will be based on.
    So, I wait 6 months, and when I can prove I am not making as much as I was last year, I go back, and pray.
    There's no use worrying about a possible increase. And if your husband is having a tough time working 80 hours a week, making ends meet, then he's really no different than most other people
    The ex wife would be silly to agree on a lump sum payment. And I'm sure her friends and family will tell her that.
    By the time you can save up 40-50k in cash to pay her, CS will be over.
    If you can actually save up 11 years worth of CS payments, then you're really not as bad off as you say you are.

  3. #3
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Paying Off Child Support In One Lump Sum

    Quote Quoting j.l.w.d
    View Post
    Our state- Louisiana

    My husband has a seven year old daughter for whom he pays CS regularly. He is a contract worker, so his yearly income is different from year to year. Sometimes more, sometimes less, and in order to make more, he has to travel out of state and work 80+ hours a week for weeks or months at a time.

    The thing that scares me is, if he has a good year and the mother (who doesn't work at all as she just had her third child by a third father) decides to take him to court for an increase (because he is her main source of income) he will be ordered to pay an amount which he may not be able to afford the following year, and it's hard to get a reduction.

    I'm wondering if we are able to save up enough money to offer the mother a lump some roughly equal to what she would have received by the child's eighteenth birthday, and she agrees, would this be wise? Could we sign documents to make the agreement binding so that it would hold up in court?

    That way we wouldn't have to stress about the constant threat of having the child support increased. My husband's work varies so greatly, and it is not a happy life/ marriage for him to have to work out of state and 80+ hours a week just to make ends meet. It happens sometimes, but we don't want it to be necessary just to make CS payments.

    Thanks!
    It would be considered a gift. If he is able to save that kind of money...put it in a savings account and use it toward any future possible increase in payment.

  4. #4
    Join Date
    Jan 2008
    Posts
    12

    Default Re: Paying Off Child Support In One Lump Sum

    Quote Quoting Dad2
    View Post
    The ex wife would be silly to agree on a lump sum payment. And I'm sure her friends and family will tell her that.
    Why would she be silly? She would have the advantage of having all the money now vs. waiting for it every month. Unless her goal really was to hover around and try to take him for every penny possible, which is just wrong. I'm not saying we wouldn't do anything else for the child, ever, but it would be nice to be able to calculate our budget without such a major variable involved

    Quote Quoting Dad2
    View Post
    By the time you can save up 40-50k in cash to pay her, CS will be over. If you can actually save up 11 years worth of CS payments, then you're really not as bad off as you say you are.
    It wouldn't be so out of the question to buckle down during a few good years and put aside the majority of that money. He can choose to work his butt off for a while to catch up or get ahead on something (car loan, medical bills, cs). At least if he paid her off, he wouldn't have to worry when he was ready and able to take it easy (and I don't mean quit working, I mean work 40-50 hours a week at HOME vs. 80+ out of state). Or what if I came into some money, and was willing to contribute toward getting the cs paid off? Right now I am not legally responsible for any of his cs, so any extra money I made could go into helping the payoff.

    As far as it being a gift, that's why I'm asking if we could have papers drawn up that would make it binding. I just want to know if it is possible- whether it's a good idea will have to be decided among all of us.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Paying Off Child Support In One Lump Sum

    Quote Quoting j.l.w.d
    View Post
    Why would she be silly? She would have the advantage of having all the money now vs. waiting for it every month. Unless her goal really was to hover around and try to take him for every penny possible, which is just wrong. I'm not saying we wouldn't do anything else for the child, ever, but it would be nice to be able to calculate our budget without such a major variable involved
    It would be silly because it would be seen by her as a signal that you would be anticipating a huge increase in income.

    Also, there are other costs (schooling, sports programs, etc) that are usually part of the deal.

    No lawyer would recommend this strategy to her unless the amount you offered was well in excess of what she could have expected to receive otherwise.

    As far as it being a gift, that's why I'm asking if we could have papers drawn up that would make it binding. I just want to know if it is possible- whether it's a good idea will have to be decided among all of us.
    I would suggest that the above post about putting the money in some sort of interest bearing account would be an excellent hedge against future payments.

  6. #6
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Paying Off Child Support In One Lump Sum

    I had the same decision years ago and decided not to do the one-time lump sum. What I did do was payoff all her credit cards debt and put the down payment and first 2 month mortage payment on a brand new house that she quailifed for.

    My mistake was not putting my name on the house. If I had I would have never have to worry about going to court. My daughter is 17 and I just been served papers.

    1) Mother swear she purchase the house herself.
    2) Still going to court, for 1 year...(Greed).
    3) I made a lot and had some really good years and now that I work 8 to 5 In the long run purchasing the house save me about 10 years of staying out of the court system.


    In a few weeks I will plead my case, that the value of the house and all the money she recieved for the tax returns, from the interest she paid owning a house verse renting, is well over $100,000 I am directly responsible for. I will lose, but that doesn't mean I am not going to try.

    My only mistake was not putting my name on the house.

    There is a way to protect yourself, but giving a need person one lump sum will have you under their becking call until your child is 18. And what seem to be a one-time deal may end up being a huge mistake, which will end up in making monthly payments anyways.

    "The Gift" that what it called to the courts.

    Think and research the house idea. It almost worked for me, and the more I think about it. Putting my name on it would have gurantee the result I wanted. Because I would have stated I'll remove my name from the properly when my child is 18 and I am done with monthly payments and not in court. Once she taken me to court I own half a house worth over $200,000 Not a bad deal, for a $7000.00 investment 15 years ago.

    Live and learn....My idea almost worked....There is a way !!!

  7. #7
    Join Date
    Jan 2009
    Location
    Hellam, Pennsylvania
    Posts
    4

    Thumbs up Re: Paying Off Child Support In One Lump Sum

    j.l.w.d:

    I happen to think that this is a great idea, and it is a goal that I have set for myself as well.

    Worst-case scenario: The ex won't agree, but you've saved a nice chunk of change to invest elsewhere or to set aside in an interest-bearing account from which support payments are made!

  8. #8
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,823

    Default Re: Paying Off Child Support In One Lump Sum

    The courts will not agree to this, even if the person in question would.

    It does sound like perhaps your hubby is capable of making more.

    Put the extra money he makes aside for the not so great times.

  9. #9
    Join Date
    Jan 2009
    Location
    Hellam, Pennsylvania
    Posts
    4

    Default Re: Paying Off Child Support In One Lump Sum

    I disagree. In Pennsylvania, my ex-wife and I may notify Domestic Relations that we have elected to end child support at any time, for any reason. The payoff would be between us.

  10. #10
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Paying Off Child Support In One Lump Sum

    Quote Quoting jusgre
    View Post
    I disagree. In Pennsylvania, my ex-wife and I may notify Domestic Relations that we have elected to end child support at any time, for any reason. The payoff would be between us.
    This is true. You and the ex could notify CS and end support...And it is also true that the ex could go back at any time and start another cs case...Support is the child's right to be supported by both parents and neither parent has the right to manipulate the child's financial well being.

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