Child support verbal agreement

cadillac59 · Jan 19, 2009, 10:33 PM

Gee, I don't know about NY law on this specific point, but some states (like California) limit retroactivity of a child support order to no earlier than the date an action is filed in court in which child support is requested and raised an issue in the case (such as in a divorce or a paternity case [one involving unmarried people with kids]).

nike 1 · Jan 19, 2009, 10:43 PM

Your answer to this question is no, as long as you have this agreement in writing with her and you keep receipts of your payments. Even if she won't sign an agreement with you, you can still get her to give you a receipt which will help you in a support conference. If she won't give you a receipt, give her a money order in which you will have one. Now what the child support office determines what you should be paying and what you do pay can be different in which you will owe the difference upon their determination. The back support you owe will simply be broken down in smaller payments added to your full monthly payments.

stevetcg · Jan 20, 2009, 04:24 AM

Never pay for anything in cash, ever. IF you pay cash get a receipt and keep them pretty much forever.

Nike was on it though... You might be held liable for the difference between court orderd amounts and the amount you actually paid. I want to say the standard is 14% of your gross monthly income but I could be wrong. Check here for a better idea what they state thinks... New York Child Support Calculator - AllLaw.com

Fr_Chuck · Jan 20, 2009, 05:44 AM

Your vebal agreement and paying in cash is not worth the air you used to say it.

She could in a few years take you back to court and get back pay for all of that time most likely.

When the child is born, she gets a custody order and you get in writing a child support order for the proper amount, if not, you are opening yourself up for all sorts of issues down the road.

And in GA it is 17 percent of your income plus normally 1/2 of the medical expenses. Plus some for child care often.

ScottGem · Jan 20, 2009, 05:52 AM

Quote:

Originally Posted by fdnyhunter

My ex-girlfriend is pregnant I plan on paying support in cash,through a verbal aggrement witout a court order.

My question to you is; ARE YOU OUT OF YOUR MIND?

I'm going to chime in more strongly with the others. If you go ahead with this foolhardy, idiotic idea, you are leaving yourself wide open. At the very least you need a written agreement and you need to pay by check or money order. The agreement needs to be witnessed and/or notarized.

Anything less leaves you unprotected in case of future action. If the mother ever needs to get public aqssistance, the state will go after you for support and they won't care what you have been doing voluntarily and without proof.

JudyKayTee · Jan 20, 2009, 01:12 PM

Quote:

Originally Posted by ScottGem

My question to you is; ARE YOU OUT OF YOUR MIND?

I'm going to chime in more strongly with the others. If you go ahead with this foolhardy, idiotic idea, you are leaving yourself wide open. At the very least you need a written agreement and you need to pay by check or money order. The agreement needs to be witnessed and/or notarized.

Anything less leaves you unprotected in case of future action. If the mother ever needs to get public aqssistance, the state will go after you for support and they won't care what you have been doing voluntarily and without proof.

OP won't be the first or the last in NY to find himself in Court and find his "receipts" (or, even worse, no receipts) held in the nature of helping out, gifts, something extra, not child support itself. It's the old "well, I gave her money for diapers" and the Court decides it's not support.

I have seen written "we agreed on this" agreements set aside by the Courts and the father held responsible for the difference between the written agreement and what NYS has mandated. (Verbal agreements are obviously even worse.)

The mother cannot waive her (and the child's) legal rights. The Judge may grant the Order and the mother may decide she doesn't want the money. She doesn't have to take it or pursue the father - but she cannot waive the right of the child to be supported if it goes that far.

The other thought here is - and "we" see it here all the time - no support agreement, no custody agreement, no visitation agreement and somebody finds a new significant other and the other party gets angry, all communication breaks down and there are legal problems.

To OP - get it ALL decided by the Court. Now.

this8384 · Jan 20, 2009, 01:17 PM

Not sure on NY state law, but I know Wisconsin will not recognize any money that passes between hands as child support; it has to go through the Child Support Agency. If it doesn't, it's not considered support and the parent who pays will be considered behind on payments.

I certainly wouldn't start paying her in cash - no way, no how. All it takes is one bad argument and she's off to court, claiming you never gave her a dime towards support. Let the courts handle it; kind of sucky, but it's in your best interest.

ScottGem · Jan 20, 2009, 06:39 PM

Comments on this post
nike 1 disagrees: My statement was not innacurate at all. I've been there.

First, may I call your attention to the guidelines for using the comments feature found here:

http://www.askmehelpdesk.com/feedbac...ure-24951.html

Retaliting to a negative rating with another negative is not appropriate. In fact this8384's answer was accurate. Your answer may have been accurate for your experience, but its not the way things generally work.

ScottGem · Jan 20, 2009, 07:01 PM

Quote:

Originally Posted by nike 1

Sorry, but you are very wrong. I've already been through all this with child support. I'm giving advice based on experience, not opinions.

On what experience? On your experience with your case or on experience with several court rulngs in different venues? And how was I wrong?

This9394 specifically referred to Wisconson law. Are you famliar with WI law and their courts?

Child support verbal agreement

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