My X is currently offering to pay me more than the federal child support guidlines would require him to based on his salary. But, I am worried about his current motivation (guilt?). We are trying to work things out outside the legal system, but I want to keep in mind that we may go that route in the future. Is there any way him paying too much voluntarily now can be used against me in the future (could I be ordered to repay it?, or could he have his cs payments suspended temporarily to make up for the larger amount?)
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X offering more than CS table amounts?
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I don't think it can be used to reduce future payments to below the CS amounts. They are only guidelines, that a lot of people use as is. If both of you decide there is a reason for him to pay more, then it is fine and agreeing to will be reasonable.
Keep it out of the legal system - it is designed to make you fight as it is an adversarial system!!
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a piece of advice. Try to put the excess above the amount he is suppose to pay versus what he pays in a special account and just use the amount he is suppose to pay legally. That way in case his guilt fades and he starts paying just the table amount you are already prepared to budget for just that amount
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Just a thought, but has it occurred to you to tell him you'll accept the table amount only? My brother paid extra for awhile... he knew the Mom needed it, but he found he had little money left over to spend when he had his son on weekends. Luckily for him, after some time, she found a better job and was agreeable to lower the amount to what the tables required.
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It is funny how the world works. Last month the mother asked me why the CS payment was more and I told her that was becuase I got a raise. It never occured to me to make her go to court to disclose my income.
Assuming there is no legal risk, take the advice of SOTS and put it in an account. Better yet try and match it (if you can) and turn it into an education fund for the child. Now that would be good will across the board.
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