Child SUpport question--wants to pay direct

iVillage Member
Registered: 09-12-2003
Child SUpport question--wants to pay direct
4
Sat, 07-23-2011 - 11:34am

I am about to file for a divorce from my husband who has essentially chosen alcohol above his family. Meanwhile, we have been discussing certain agreements. I need advice.

My husband says that he will be paying child support to me directly biweekly, but I told him I am not comfortable with that due to the fact that his income will more than likely be increasing very soon, plus he gets commission and bonuses.

Community Leader
Registered: 01-03-2004
Sat, 07-23-2011 - 10:37pm

Mk,

I assume you have an attorney. If so, let them handle this. Don't discuss this directly with your STBX or try to negotiate this with him.

iVillage Member
Registered: 11-20-2001
Sun, 07-24-2011 - 1:14pm
I agree with wisdom, let the attorney handle. And definitely go thru the state to collect on your behalf. I had several people, including my attorney, say to let him pay me directly (this is collection of payment vs determining a monthly amount). To file with my state, I had to get the separation agreement filed with the court but then they collect from my X and pay me. It delays funds for a couple of days but my X pretty much can't refuse to pay or he'll get garnished thru the state, warrant for arrest, etc. Pus you don't have to deal with your STBX in regards to CS once it gets established. In my state, you'd have to petition to have the CS increased and that's every 3 yrs. Your lawyer will be able to inform you on how to handle the increase in his salary and bonuses. Good luck and sorry he chose alcohol over you and the family :(
iVillage Member
Registered: 03-10-2010
Sun, 07-24-2011 - 2:12pm

Unfortunately for your STBX it isn't up to him, he can try to fight it but it will be extremely difficult to win. I am in Ohio, and I know here who ever pays child support has no choice but to go through the child support enforcement agency. If they try to just pay directly, after so many months the child support enforcement agency will track them down and get it out of their paycheck. And the money he already paid you will be considered a gift and he will just have to pay it again.

If you have a lawyer let him/her handle this. If you don't you may want to get one or wait and see what the judge says. GL!!

Community Leader
Registered: 08-25-2006
Thu, 07-28-2011 - 4:49pm

I know that laws vary, but I always suggest that CS be ran through the state.

Serenity