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.

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

"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.
=====

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.

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."

"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.

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

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).

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?