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AmyShallFind · Aug 12, 2008, 06:47 PM

If a non-custodial made a payment that is more than court-ordered per month, does it count as future payments or as an extra payment in good faith?

stinawords · Aug 12, 2008, 07:11 PM

Well, it can count toward future payments like if you are ordered to pay $400 per month and you paid $500 then the next month you would only owe $300 the next month. However, I wouldn't do it too often because the CP coule use it as amo to try to get more each month showing that you can "afford" it.

AmyShallFind · Aug 12, 2008, 08:43 PM

In my case, I would be the custodial parent and hoping that the ex would continue to make more payments than ordered. He was court ordered July 2007 to pay only $100 a month for 2 kids ages 2 and 4 so he wouldn't fall below poverty level. In the last year, he has only made an average of $25 per month. For some reason, this month he made a $1000 payment through the state so he is not behind anymore plus extra paid in. I'm not sure where he got the money but he claims it was from working. I am hoping that when I file for child modification, this month's payment will show that he can "afford" to pay more. Would this one payment alone be enough "proof" that he is capable of paying more?

stinawords · Aug 12, 2008, 08:55 PM

Nope sorry. That juse means that he was able to get caught up. It would have to be many consecutive months that extra money was paid. Even then judges want to see paystubs or tax info from his job to show that there has been a significant increase in his earnings. In most states there has to be a significant increase in earnings before they will even consider raising the support. Honestly, I have seen it backfire and it gets lowered about as much as it get raised or left alone. Be glad that he was ablt to get caught up and hope that he can continue to make the set payments for a while. Also if he is working a trade such as charpentry or something else like that that can be seasonal work he can argue that he is getting ahead so that when he is off work he won't be behind. I have known of cases like that especially when they were paying through the court, the court is very good at keeping track at how much has been paid over the course of a year not just a month to month thing.

meagank · Aug 12, 2008, 08:56 PM

In some cases they would have to see his work history over a period of 3 ore more months that he has this much of a income to make that much money for on gooing and then it would be up to the judge also it could have been from tax money that he was suppose to revice and the state took it as back child support and he might of also paid in with his curent child support but rember if the jude does order him to pay a highher amount and then he looses his job he will get behind again and you will not see the money coming in I fell for you I know wt you are gooing though my kids are 15 and 17 and I have been gooing though this for several years also with my kids dad not paying on time or not paying the full amount he claims its his job that does not turn it in right or take the right amount out but then again when tax times come aroudn every year you will get a lump sum of wt ever he owes and they can take his whole tax check to pay up back child support that he owes

JudyKayTee · Aug 13, 2008, 06:59 AM

Originally Posted by stinawords

Well, it can count toward future payments like if you are ordered to pay $400 per month and you paid $500 then the next month you would only owe $300 the next month. However, I wouldn't do it too often because the CP coule use it as amo to try to get more each month showing that you can "afford" it.

In NYS you cannot pay in advance - if your support is $500 and you pay $700 the over payment is a "gift" unless there is a written agreement.

Obviously if a person owes back support then the overage goes toward that back support but if the person is "even," then it's as I just stated.

JudyKayTee · Aug 13, 2008, 07:02 AM

Originally Posted by AmyShallFind

In my case, I would be the custodial parent and hoping that the ex would continue to make more payments than ordered. He was court ordered July 2007 to pay only $100 a month for 2 kids ages 2 and 4 so he wouldn't fall below poverty level. In the last year, he has only made an average of $25 per month. For some reason, this month he made a $1000 payment through the state so he is not behind anymore plus extra paid in. I'm not sure where he got the money but he claims it was from working. I am hoping that when I file for child modification, this month's payment will show that he can "afford" to pay more. Would this one payment alone be enough "proof" that he is capable of paying more?

No. Some depends on the State but I've seen NYS refuse to modify child support until the annual tax return is filed, indicating income for the year, which is then averaged to figure the amount of child support.

Some people work only seasonally so what they earn in August is nothing like what they earn in February.

AmyShallFind · Aug 13, 2008, 08:16 PM

Thanks everybody! I am hoping that the Nebraska law is the same law as NYS on the part where Judy stated that advanced payment cannot be made. I hope it won't take 3 months to a year in order to get an increase especially since he just got a new job last month. Since his child from his first marriage just turned 19 and that his obligation to pay that child support should have ceased and desist, I am going to file for modification to take over at least that amount since I can't do worse than it is right now.

Meagank, its funny how you said that your kids' dad would claim its his job that does not turn it in right or take the right amount out, mine would use the same excuse and even has claimed it was the child support center's fault at times as well. The things they said and do!

stinawords · Aug 13, 2008, 08:43 PM

When was the original order done? Does he make a significant amount more than he did before? You should be able to get a little more if his oldest isn't going to school because if he/she is attending college then he is most likely still paying on that kid too. Was he behind when he made the lump payment to catch up or was that extra money? If that was just to catch up the amount he pays after that will probably be the amount ordered. Good luck with your court date! Please come back to let us know how you made out.

AmyShallFind · Aug 13, 2008, 09:20 PM

The original court order was done July 2007 for $100 a month for 2 kids. Between July 2007 to July 2008 he had paid between $5 to $50 a month and was behind around $700. He paid in $1000 this month which would have him caught up with extra paid in. I thought it had to be an agreement between the parents for child support to continue if the child goes on to college? Or is it automatic by law?

Will do about reporting back on what happens! These postings have helped me in so many situations and would hope to help someone else in return.