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kingdomcome · Mar 7, 2009, 10:01 AM

I'm the primary parent of our 3 year old. The father wants to purchase and make the payments on a new car for me. Can my child support be lowered? Do the child support laws state anything as including this as part of my child support?

JudyKayTee · Mar 7, 2009, 12:18 PM

Originally Posted by kingdomcome

I'm the primary parent of our 3 year old. The father wants to purchase and make the payments on a new car for me. Can my child support be lowered? Do the child support laws state anything as including this as part of my child support?

Child support is a dollar amount. The Court doesn't play any sort of "let's make a deal." If you want to purchase and make the payments on a new car that is your business. He cannot make the payments and use the dollar amount against child support.

Of course, the fact that he is ordered to pay you support doesn't mean you have to accept it. He could, instead, make car payments BUT if the purchase falls apart at any time he WILL owe you the full amount of ordered support.

Child support is supposed to provide your child with the necessities of life, not provide you with a new car.

cadillac59 · Mar 8, 2009, 11:10 AM

I can tell you how it works in California and other states are probably similar.

You can agree to any amount of child support you want- even an amount that's below guideline- but you have to affirm in writing or in court before a judge that 1) you are fully informed of your rights to support, 2)that you are entering into the agreement without coercion or duress, 3) that the needs of the child will be met by the amount of support you have agreed to, 4) that the support order is in the best interests of the child, 5) that the case has not been assigned to the county for collection and that there is no application for public assistance pending (and that you are not receiving public assistance). If you affirm all of that, then you can agree to lower support or no support if you want, and the judge will approve it.

So yes, you can agree to reduce support by the amount the dad is paying for a car payment- no problem. However, the problem with these agreements is they are unenforceable: You can still go into court and get the guideline support any time you want (if you agreed to a below guideline order).

Apart from all of this, why not do this the easy way? Let the dad buy you the car, have him pay the normal support amount, then pay the car payment yourself from the child support you receive?

JudyKayTee · Mar 8, 2009, 12:55 PM

I'll be curious to see how other States weigh in on this - in NY a new car does NOT benefit the child and therefore I am not aware of any Court that will allow this, consent, approve - whatever word anyone wants to use.

Anyone else somewhere else?

ScottGem · Mar 8, 2009, 02:06 PM

I agree with cadillac here, Why make this harder? It sounds like you are just taking the money from one pocket and put it in another. Just agree to make the car payments from the support. Makes things very simple.

kingdomcome · Mar 9, 2009, 09:53 AM

The father owes me $19,000.00. The child support has already been set for $525.00 mo. The father said,"I wanted to do something to make it right since I don't have the money. I can purchase this car for you and make the payments on it." I just didn't know in doing so can he get the child support lowered. Thank-you for response.

cadillac59 · Mar 9, 2009, 10:20 AM

Originally Posted by kingdomcome

The father owes me $19,000.00. The child support has already been set for $525.00 mo. The father said,"I wanted to do something to make it right since I don't have the money. I can purchase this car for you and make the payments on it." I just didn't know in doing so can he get the child support lowered. Thank-you for response.

Over your objection then no, of course he cannot get the support lowered jusr because he bought you a car. But as I said, you can agree to whatever you want in support, or make whatever deal you like.

ScottGem · Mar 9, 2009, 10:33 AM

Originally Posted by kingdomcome

The father said,"I wanted to do something to make it right since I don't have the money. I can purchase this car for you and make the payments on it."

Think about it. If YOU are making the payments its coming out of your income which includes the support. Why should it reduce his support?

I assume he's going to make the downpayment, but if you don't need the car, why not have him take the downpayment and apply it towards the arrears?

asking · Mar 9, 2009, 10:40 AM

Originally Posted by kingdomcome

The father owes me $19,000.00. The child support has already been set for $525.00 mo. The father said,"I wanted to do something to make it right since I don't have the money. I can purchase this car for you and make the payments on it."

I think this is a weird offer. Why should he prefer to make payments on a car than to make the payments that he owes in back child support? If it's the same amount, what does this get him?

I am suspicious that he has something up his sleeve.

Also, he doesn't have which money, the $19,000 or the $525/month?

kingdomcome · Apr 13, 2009, 01:26 PM

He owes me $19,000.00 from a CD that he stole from me while I was on vacation in FL. . He has been paying all of his child support payments on time and does not owe me any back payments for child support. He said that he doesn't have the $19,000.00 to pay me back, but he has good credit to buy me a new car. That this is an effort put forth by him to make things right."To do something good"he said.

ScottGem · Apr 13, 2009, 05:25 PM

That's different from using the car payments to reduce the support payments.

JudyKayTee · Apr 13, 2009, 06:50 PM

My answer is suddenly missing - !

I said that the circumstances surrounding this "deal" are now changed. If he stole a CD, why wasn't he arrested? And how do you steal someone's CD? When I go into the bank for my own banking the bank acts like I'm a thief.

Was the boyfriend arrested for this?

Something is not ringing true.

nikosmom · Apr 13, 2009, 06:57 PM

Originally Posted by JudyKayTee

My answer is suddenly missing - !

I said that the circumstances surrounding this "deal" are now changed. If he stole a CD, why wasn't he arrested? And how do you steal someone's CD? When I go on for my own banking the bank acts like I'm a thief.

Was the boyfriend arrested for this?

Something is not ringing true.

I agree something is missing- if he stole a CD from you, what does that have to do with Child support?

Fr_Chuck · Apr 13, 2009, 07:12 PM

Ok, something I don't see here, if he can write a check to make a car paymnet, but he says he can not afford to make child support,

Sounds like he can make a larger child support payment if he can afford to also make a car paymemnt

Just get child enforcement to keep the money coming, don't get messed up with a car "HE OWNS" and making the paynments on, he will use this to black mail you latter when you depend on the car.

nikosmom · Apr 13, 2009, 07:20 PM

I agree with Chuck and I don't see any good coming out of you bartering on your Child's support payments.

Keep the support payments as they are... If he wants to buy you a new car- have him give you the money for the car and you can use it to purchase a car in your own name.

The support has been ordered and you say he's not behind on payments. Leave well enough alone.

JudyKayTee · Apr 14, 2009, 05:24 AM

And the next time the "ex" gets angry he stops making the car payments and then that question is posted.

kingdomcome · Apr 14, 2009, 12:45 PM

I gave him a check for $30,000.00 to put into a CD towards our daughters education. All I had was the cancelled check to prove he had cashed it in. I had no proof that he stole the CD. He said he can make the child support payments and has paid everyone of them on time. He said he doesn't have the remailning $19,000.00 left from the CD to pay me back, but he can buy a new car for me instead of paying the cash. I sold my 10 year old car out right. He paid for the down payment and is making the payments every month, so we have a reliable ,safe car to drive. I just didn't no what his intentions or real motive behind buying the car was/is. I also didn't know if my child support could be lowered if he was making the payments on the car. That is my question.

JudyKayTee · Apr 14, 2009, 12:48 PM

No, child support cannot be lowered because he is making car payments. I believe I said this right from the beginning. He still has to pay Court-ordered child support. You can then return some of the money to him, he can purchase the car on "the side," whatever works for you.

But just so I am clear - he stole $30,000 and you trust him to get a car loan for you and make the payments? Your statement was that he stole $19,000 from a CD when you were vacationing in Florida - ?

But, no, the child support payments cannot and will not be reduced by the Court.

I am concerned by the twists and turns in this story - he stole a CD/he didn't steal a CD. I have no idea what is going on here.

It is unfair to request an answer based on incomplete information - and then to continue to change the information.

kingdomcome · Apr 14, 2009, 01:10 PM

He stole a $30,000.00 CD while on vacation. I had no proof because it was in our 2year old daughters name. Both of us have axcess to it because of her age. He paid me $11,000.00 back out of the $30,000.00. He still owes me $19,000.00. That's why I trust that he will pay the car payments because he owns his own business and he doesn't want to ruin his perfect credit scores.

this8384 · Apr 14, 2009, 01:18 PM

So wait... he stole it, then you gave him a check, now he stole it again?