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#1
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Question on Child Support Debt
I have a friend whose ex-wife moved from Atlanta to Texas, eighteen years
ago, taking the child with her. The ex-wife would not let him have the address of his son, but wanted him to send the child support to a PO box in Texas. A judge in Georgia wrote a letter suggesting that he should pay the child support into an escrow account, for the benefit of the child, so as to force her to claim the money, and provide an address so that he can exercise his visitation rights. She never claimed the money, but he kept accumulating the payments. Now, eighteen years later, his son contacted him, and they seem to get along fine. At least over the telephone. (The son is long ago emancipated) They also did a DNA test to confirm paternity, and the results came back positive. He told his son that he has a huge amount of money that he would like to send to his mother, just to close the issue. (tens of thousands) He would send her the check in care of his son, since she still doesn't let him have her address. He has two concerns: a) That he may still be liable for clauses of child support increases in the divorce settlement. (Even though she did not comply with her portion of the agreement) b) Many years have passed, and the laws have changed. Some states consider any kind of direct payment to be a gift, and not a child support payment, even though the check will say that the money covers all back support debts. The questions a Are his concerns real?, and if so, what can he do to protect himself? Your comments are appreciated. Joe. |
#2
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Question on Child Support Debt
If it were me, and the money was sitting in an Escrow account. I
would simply give it to the Son, and tell him to go to college or something with it. If he is emancipated, then he is no longer under the care of the mother. Also if the mother has not persued the child support issue for all this time, either she did not want the money, or as you stated did not want him to have access to his Son. I would not in any way give the money to the mother. He did the correct thing is proving that he was in fact making payments in child support, but could not find the person to give the money to. Again still if the mother is not in the picture.. keep her out of it. Use the money on the person it was intended. Maybe offer a small token to the mother like 1/3 of the account balance... but before doing so have court papers drawn up absoving him any future claim to back child support and such things. But if the money is there, give it to the Son, let him enjoy his time with his Son, better late then never as they say. SpiderHam77 |
#3
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Question on Child Support Debt
"SpiderHam77" wrote in message ups.com... If it were me, and the money was sitting in an Escrow account. I would simply give it to the Son, and tell him to go to college or something with it. If he is emancipated, then he is no longer under the care of the mother. Also if the mother has not persued the child support issue for all this time, either she did not want the money, or as you stated did not want him to have access to his Son. ==== None of which matters to the court. The father cannot, under law, hand the money over to the son and be relieved of the debt--he can still be held liable for support money to the mother. While the state claims the money "is for the children," under law it is not. If he gives the money to the son, the mother can still come back and collect back child support and he may be required to pay it again. This NCP must research the law in his controlling state to determine what period of time a CP has to collect support and hold on to the money until that time passes. ===== |
#4
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Question on Child Support Debt
xyz wrote:
: I have a friend whose ex-wife moved from Atlanta to Texas, eighteen years : ago, taking the child with her. The ex-wife would not let him have the : address of his son, but wanted him to send the child support to a PO box in : Texas. A judge in Georgia wrote a letter suggesting that he should pay the : child support into an escrow account, for the benefit of the child, so as to : force her to claim the money, and provide an address so that he can exercise : his visitation rights. : She never claimed the money, but he kept accumulating the payments. Now, : eighteen years later, his son contacted him, and they seem to get along : fine. At least over the telephone. (The son is long ago emancipated) They : also did a DNA test to confirm paternity, and the results came back : positive. I would leave the money in the escrow account and not give it to the mother. Additionally, I wouldn't give it to the child (now an adult). As mentioned, it would be possible that giving the money to the mother would not relieve the child support debt. However, leaving it in the escrow account would be following the order of the judge. Let it sit there and grow. Then I'd consult a good family law attorney to seek the legalities of the present situation. How much Child Support debt (if any) does the father actually owe? How can that debt (if any) be legally relieved? Then as a result of the information, decide what to do with the money. Failure to do so could result in his having to pay the debt twice (once for the handing over of the money without knowing if it'd relieve the debt and another time for relieving the court ordered debt). b. |
#5
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Question on Child Support Debt
The questions a Are his concerns real?, and if so, what can he do to protect himself?
Do not empty out that account. Motion the court for guidance, asking the court whether or not he can give the money to his son or has to give it to the mother. Good luck to your "friend." |
#6
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Question on Child Support Debt
"Gini" wrote in message news:yB35f.8418$iI.4600@trndny06... "SpiderHam77" wrote in message ups.com... If it were me, and the money was sitting in an Escrow account. I would simply give it to the Son, and tell him to go to college or something with it. If he is emancipated, then he is no longer under the care of the mother. Also if the mother has not persued the child support issue for all this time, either she did not want the money, or as you stated did not want him to have access to his Son. ==== None of which matters to the court. The father cannot, under law, hand the money over to the son and be relieved of the debt--he can still be held liable for support money to the mother. While the state claims the money "is for the children," under law it is not. If he gives the money to the son, the mother can still come back and collect back child support and he may be required to pay it again. This NCP must research the law in his controlling state to determine what period of time a CP has to collect support and hold on to the money until that time passes. ===== Secondly.....if the son is intending to go to college, handing over a large sum of money would negate any financial aid. |
#7
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Question on Child Support Debt
If he has the money to go to college.. why would he need finicial
aid... that would like wining the lottery and then borrowing to buy a car, doesn't make sense. SpiderHam77 |
#8
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Question on Child Support Debt
Actually, it would make perfect sense (if done correctly). Student
loans payments and interest are usually deferred until 6 months after the student graduates. If he gets financial aid, he can use the aid to pay for school. He could then invest his own money. When the time comes to pay the financial aid, he can then pay it with his money and pocket the interest on his investments (minus any taxes and fees, of course). |
#9
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Question on Child Support Debt
wrote in message oups.com... Actually, it would make perfect sense (if done correctly). Student loans payments and interest are usually deferred until 6 months after the student graduates. If he gets financial aid, he can use the aid to pay for school. He could then invest his own money. When the time comes to pay the financial aid, he can then pay it with his money and pocket the interest on his investments (minus any taxes and fees, of course). And why not use the "system" that screws you on a daily basis to the best of your advantage? |
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