Let's say you and your husband were separated - you had the children and he lived elsewhere. You obtained a child support order against him - he starts paying as ordered. At some point, you reconcile and he returns home but continues to pay child support. Because he essentially provides you the money, via the State, for child support and that amount is constant and budgetable - do people simply live with that arrangement? I'm not aware of any law which automatically ends child support if a separated, married couple reconciles.
2006-11-04 14:56:17 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
del b - ignore my first name of Borat and try to answer the question honestly and accurately. I'm not taking offense to what you called me - the question is valid because I like to know if couples use child support to budget expenses for children.
2006-11-04 15:06:44 · update #1
science_geekmckinley - the question did not ask for legal advice of any kind. Maybe some serious answers will come in - Saturday night may not have been a good night to ask this question....
2006-11-04 15:07:50 · update #2
lenml - the method of payment can be garnishment, voluntary, etc. In a day where people use credit cards to spend themselves into destruction, child support payments can be used to budget such expenses. I'm aware that a motion is needed to close a child support case.
2006-11-04 15:29:15 · update #3
Julie - if a child support order remains in effect and the couple were to separate again - she is still receiving child support services and he remains in compliance - she cannot file another child support order if one is in existence.
I think each poster has missed the point of the question and is approaching it purely from a legalistic point of view.
2006-11-04 15:42:29 · update #4
If a man continues to pay child support while living with his wife and having custody of the children, he is considered ignorant. If a man refuses to pay child support while living apart from his children, he is considered both ignorant and a deadbeat. If a man pays child support and lives apart from his wife and children, he is considered in compliance with the law. I see an irony that a man who pays child support while living with his wife is considered ignorant when his money is given to his wife by the State. My argument is that child support has replaced welfare and continues to divide families - some families should not be together to begin with, but adversarial child support proceedings is picking up where welfare left off in tearing apart the family.
2006-11-04 17:52:51 · update #5
Actually I Knew a couple personally who divorced and had a little boy. After I think it was 1 year or a bit more the man moved back. For whatever reason they lived together (but they didn't remarry) They were quite content as things were. He was still paying his child support and had no problems with that. Nor did she. Too them they said it was like a bank account that he was responsible for and it was just for their daughter. So while he still payed the child support it was all going into this savings account that just had his wife and daughters name on it. Sometimes they used the money for birthdays or doctor's bills. But he said it was helping him focus on the fact that those child support payments were going directly to that account and in essence that account would be used for her colleage education. So they just lived with that arrangement. But it was their choice and they made it work. (It's been 7 years and they are still doing the same thing).
2006-11-06 02:30:21 · answer #1 · answered by mshellrosie 3 · 0⤊ 0⤋
You need to go back and get the court order changed. When the court issues a child support order, it generally assumes the mother and father are living apart. The court does not have any "court police" that go out to insure people are still living apart. If the couple reconciles, it is up to one of them to backto court to get the order dissolved. If the guy is smart, he will do it right away. It could come back and get him later if he moves out again.
Say he stays for a year, pays allt he bills, buys clothes, etc. Then they break up, she says you never supported you (she gets mad and spiteful) and you pay back support, that you probably already pd. I hope this is helpful, hubby is in family law and is home at the moment. I better go kiss him.
Maybe you need to be more clear about what you want to know. If I answered just your question, then yes there are some ignorant men out there that would stay in compliance with the original order. Even though the circumstances were different. What is is goal?
2006-11-04 23:31:13 · answer #2 · answered by Valerie 6 · 0⤊ 0⤋
I'm assuming that the payment is being made through a wage-garnishment dictated by the court.
If an estranged couple were to reconcile, it is incumbent upon them to notify the court and petition the court to release him from this COURT-ORDERED obligation. If they reconciled, there should be no need for the wage garnishment any longer.
There is no "law" that "automatically ends" this obligation. It began with a Court motion, it must end the same way.
I can't see the point of someone WANTING their pay garnished for any reason when it isn't necessary.
2006-11-04 23:20:59 · answer #3 · answered by Len_NJ 3 · 1⤊ 0⤋
you need to ask a lawyer that but i thought the purpose of child support is to support the children if the parent does not live with them.
2006-11-04 22:59:53 · answer #4 · answered by ? 6 · 0⤊ 0⤋
dumb **** your going to pay one way or the other so pay up
2006-11-04 23:00:25 · answer #5 · answered by del b 2 · 0⤊ 1⤋