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sperez
Dec 14, 2011, 06:53 AM
Custodian parent wants a ten thousand dollar settlement. If the settlement is paid, can child support be stopped? Children are twelve and sixteen.

JudyKayTee
Dec 14, 2011, 06:58 AM
If it's Court ordered support it can only be stopped by Court Order. If non-custody parent pays lump sum the custodial parent can consider it a gift and continue to pursue the non-custodial parent for support.

This is dangerous territory.

jujubees
Dec 14, 2011, 07:12 AM
If it's a settlement that means that is what will be agreed upon. But if I were you I'd have it put in writing that she can not go after you for more child support after the settelment is paid.

Also just because you pay that doesn't mean you are not part of their lives. You can step up and help buy them winter coats, clothing, food etc... or is this kind of a payoff to get them all out of the payees life?

I notice you didn't say it was you who was the payee

jujubees
Dec 14, 2011, 07:13 AM
When I said in writing I mean in court. Do it all in court so it won't come back to bite you in the butt in the end

sperez
Dec 14, 2011, 07:25 AM
Thank you all for all the input. This is my current husband who has been at war with his ex-wife for over ten years, and has been paying child support by court order for many years now. This was an offer made by the ex, which makes you wonder, can it be possible? The children were raised with a bad image of their dad, and he could never have them for the holidays, birthdays, etc. -- only if the children choose to. Now they all grown up and don't even call their dad. The custodial parent has them living with the grandmother in another state, and we just found out, so this is why she proposed the settlement.

JudyKayTee
Dec 14, 2011, 09:40 AM
Then your husband can go back to Court and request that he pay the support to the person/people who has/have custody of the children.

There cannot be a settlement outside of Court Order - and I've NEVER seen a settlement ordered (I'm in NY).

JudyKayTee
Dec 14, 2011, 09:42 AM
When I said in writing I mean in court. do it all in court so it won't come back to bite you in the butt in the end


Basically they can't "do it" in Court. I have never seen a Court agree to a lump sum settlement. Both parties could appear and request such a settlement, but the Court's concern will be that the custodial parent spends the money and the children become depend on Government aid. I've seen such requests in NY, always denied.

Are you in a State where lump sum settlements in support matters are granted?

sperez
Dec 14, 2011, 11:08 AM
I'm not sure how the state of FL works. We reside in GA, and the child support is through FL. However, thanks to this web site and all of you who have given input, we have decided to continue to pay the child support monthly and leave it at that. The custodial parent is waiting for us to agree on this settlement; we feel very uncomfortable with the whole situation.

cdad
Dec 14, 2011, 01:53 PM
I'm not sure how the state of FL works. We reside in GA, and the child support is through FL. However, thanks to this web site and all of you who have given input, we have decided to continue to pay the child support monthly and leave it at that. The custodial parent is waiting for us to agree on this settlement; we feel very uncomfortable with the whole situation.

If this was for arrears then I would say go for it. But if this amount falls short of the actual amount of child support that is to be paid the courts can stop it from being granted no matter what the both of you think. If you do have the amount needed to pay future support then I would suggest putting it in a interest bearing account and have automatic monthly payments taken out to pay the actual support with. That way your always covered even if life throws you a curveball. Many states now are jumping on the bandwagon of charging interest on arrears and 10% is a common figure. Getting behind at any time even a little can have you facing a lifetime of debt.

jujubees
Dec 14, 2011, 03:05 PM
I agree with judy. I do not think a lump sum can be done. Just make sure he is careful because the ex may be pulling him into a trap. I have seen that happen. Do as much investigating you can before going to court. It is too bad about him not seeing them much.

jujubees
Dec 14, 2011, 03:10 PM
I hope your husband and his ex both get what they need that will benefit the children the most. They are what is important.