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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 07-18-2016, 10:00 AM
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Default CS directly to child

Ex says she wants to withdraw from FRO & have me pay CS directly to S19 who in enrolled in college. Is it OK to pay directly? Would a signed document between the two of us protect me or do I need lawyer? Thanks.
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Old 07-18-2016, 11:25 AM
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If your current arrangement is in the form of a court order or separation agreement, and you wish to stop following the existing order, then yes you should have documentation showing both of you agree to stop following the previous order.

The new agreement could be written or reviewed by a lawyer but would be a small 1 pager. It has to be written well enough that it could be converted into a consent order by a judge if needed.

But if everyone is being reasonable there's no need to get lawyers or judges involved, but you do want to have a signed domestic contract to cover your butt in case things go south later.
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Old 07-18-2016, 11:45 AM
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If youre both agreeable you could even do an agreed to motion to change (I think 15c) terminating child support. There may be an option to put your son on it. If not, still do the 15c so she cant change anything and make the payments directly to kid. I dont think youre going to stop paying kid will you? If no then this way you both have your butts covered. You do three copies (or four, read the instructions), sign and go to the courthouse for filing. Im pretty sure its just a matter of the rubber stamp. That gets provided to FRO and cs payments cease.
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Old 07-18-2016, 12:06 PM
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Quote:
Originally Posted by tery View Post
Ex says she wants to withdraw from FRO & have me pay CS directly to S19 who in enrolled in college. Is it OK to pay directly? Would a signed document between the two of us protect me or do I need lawyer? Thanks.
Why not just have her change the bank account it is deposited to through FRO from hers to your sons?
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Old 07-18-2016, 02:24 PM
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No idea why mom wants it done this way. Not naturally suspicious but ...... She wanted a signed agreement between myself and son but obviously she's the one who needs to sign. Just wasn't sure if this arrangement was ok. Will do simple form and run it by lawyer. Thanks for advice.
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Old 07-18-2016, 02:55 PM
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Honestly, I don't know why anyone would pay legal fees for this kind of thing. The payment of child support is pursuant to a court order. If the funds are to be changed or directed elsewhere, the order will need to be changed. If mom wants the court order changed, tell her to make those steps.

Mom has decided she wants to give kiddo the CS - probably to live on while in school. So, mom can transfer the funds to kiddo, or she can have FRO deposit directly into kiddo's account.

This is a mom/kiddo issue, not your issue.
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Old 07-18-2016, 03:39 PM
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Thanks MS mom. You're right. Was just trying to protect myself but missing the fact it's not my issue! 😀
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