Unraveling the Complexity of Payment agreements beyond Child Support with AI Legalese Decoder
- April 14, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situational Background
My daughter’s father has been paying child support for several years. We are currently in the process of modifying the order because the current monthly payment of $240 was determined when our nine-year-old was a baby and he was unemployed. He now makes $20 an hour and, based on calculations, should be paying closer to $600 a month. In the past, he has occasionally sent me extra money upon request. However, he is now requesting credit for these additional payments, claiming he has overpaid. These payments were made through Facebook Messenger, not through official child support channels, and lack detailed descriptions. Additionally, the majority of these payments date back five years. Despite having full physical and legal custody of our child and shouldering the bulk of her expenses, he is pushing for reimbursement.
## How AI Legalese Decoder Can Help
With the help of AI Legalese Decoder, you can quickly and accurately interpret the legal jargon surrounding child support payment regulations. The Decoder can assist in understanding the legal implications of “gift” payments outside of the court-ordered support and whether they are creditable. By inputting the specific details of your situation, you can receive guidance on how to navigate the complexities of child support modification and reimbursement requests.
## Current Dilemma and Stress
The father claims to have sent over $4,000 over the past six years, seeking credit for these payments despite the lack of documentation. The discrepancies in payment amounts and timeframes add to the confusion and stress. He is now contesting the modification fiercely, likely influenced by his new spouse. This situation has left you feeling overwhelmed and uncertain about the next steps to take.
## Seeking Resolution
In this challenging scenario, it is crucial to consult with a family law attorney to understand your rights and responsibilities regarding child support payments and additional contributions. By utilizing the AI Legalese Decoder, you can gain clarity on the legalities surrounding reimbursement claims and effectively communicate your position. Consider exploring mediation or legal recourse to address the dispute and ensure fair treatment in financial matters related to your child’s well-being. Prioritize your child’s best interests and seek professional guidance to navigate this complex and emotionally draining situation.
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Any amount that he’s been paying extra should be credited IF you are requesting an increase retroactive to the date you requested the increase.
Basically, it’s unfair for you to request he be in arrears when he’s actually been paying you extra. I wouldn’t agree to saying he’s ‘overpaid’, just don’t ask for any retroactive modification – you just want the increased amount to be from now going forward.
It sounds like you both informally recognized the fact that he owed more given his change in income and tried to informally settle it via these periodic extra payments. I wouldn’t fill out this form he’s sent without a lawyer looking at it, but I would offer up reassurance that you don’t plan to ask for back support, given that he’s voluntarily made extra payments since the income change happened and that you appreciate that you both are working together to be reasonable.
He can’t make you fill out a form he made up. There is no court involved and that is who can make orders.
Technically they are considered “gifts” and since he wasn’t smart enough to label it as Child Support for (her Name), then there isn’t much he can do about it other than be super peed off about it. He is just mad he isn’t about to pay the bare minimum anymore besides the few times he sent a little extra to help you with whatever you needed it for at that time.
Is the credit he is talking about tied to arrears because you filed for child support?
If he has paid you all this time based on the agreement you had back then, but you now filed for child support, the courts can go after him for arrears depending on the state simply because the court wasn’t involved when he was paying you. I will be careful with this because if he can prove that he has been paying you, you will look like a dishonest person. Honestly, you cannot agree to something, get paid, and say it was a gift. He should pay you the new amount moving forward when the new child support order is established.
Good luck,
I think the proper course of action is filing for child support in your situation — and I say this as someone who, with 43% timeshare, is technically a noncustodial parent.
Anything he paid outside the child support system or in-kind donation is considered a gift. Unless it’s a REALLY huge favor (i.e. buying you a brand new car), I don’t think the courts will care one iota about it and credit it towards any child support calculation as a deviation.
$20/hr x 40 hrs/week x 52 weeks is $41,600 annually. If the guideline amount is $600/mo ($7,200 annually), that comprises 17% of his gross income. That’s very doable considering he’s got no out-of-pocket child expenses on his end having essentially 0% parenting time.
And considering he hasn’t paid all those years, that’s not excessive.
There are people that are saddled with unpayable child support obligations.
He’s not one of them.
Any payments not made thru CSEA are considered gifts and not counted towards his child support obligation. Don’t fill out any form.