My divorce settlement in Virginia states I must pay an additional $250 per month for extended day for my two children. Two years post divorce they have not done extended day for over a year (there are no other child care expenses) but I still pay the additional $250 per month. Do I still have to pay this? Does the settlement have to be rewritten? What happens if I just stop paying the $250? I have offered to put the $250 in a college fund but she has ignored this suggestion. Appreciate your thoughts on this. Thanks, Jim
2006-11-17 09:36:51 · 8 answers · asked by Jim 1 in Family & Relationships ➔ Marriage & Divorce
From an attorney's perspective, yes you are required to pay the money until the order is modified by a court. If what you say is true go to court and advise the judge the children have not been over for an extended stay and request the support be modified. You get the ball rolling by filing a petition to modify child support order. It is something a layperson could do solo, but I would suggest you hire an attorney.
Good luck.
2006-11-17 09:43:17 · answer #1 · answered by angeliabb 1 · 0⤊ 0⤋
Yeah you do until you step up and say something. If you're paying your ex the $250 you should stop and contact who ever wrote this agreement and tell them that you've been paying this money but the kids aren't going and they should be able to re-write the settlement. It sounds to me that your ex may be using that money for her own reasons. Contact someone and stop paying her. If you don't take some kind of legal action then she'll just use that to her advantage. Believe me women can be sicking. I have a guy friend whose going through a similiar situation. His ex was collecting spousal support until she got a job. She remarried about 6 months after the divorce was final (to a guy she was cheating with) and the new husband has a good high paying job and my friend is still paying her. So he filed a claim on her for not reporting her new marriage for over a year. The courts ruled that he stop paying her and she re-pay the money from the date of marriage til now! Score one for the good guys, like yourself!!!
2006-11-17 10:03:33 · answer #2 · answered by EriksSweetheart 3 · 0⤊ 0⤋
I totally disagree with the answers! In CA when the court order stipulates that someone pay a certain amount for childcare AND the statement is seprarate from child support...THAT $$$ does NOT have to be paid until an invoice is produced by the other parent! If I don't give my son's father a child care receipt, he doe snot have to pay a dime.
2006-11-17 10:28:01 · answer #3 · answered by mariasonawire 6 · 0⤊ 0⤋
Well Jim, I have been down the divorce road myself. It wasn't pretty as most divorces usually are not.
I would have to say from experience that you are stuck paying it until and/or unless you can get the courts to re-write the decree.
As for just not paying it, you can be hauled in for contempt of court, have your paycheck/tax refund(s) intercepted, be jailed, etc. Trust me, the law just seems to look at men as nothing more than the dummy that got her pregnant, and a bottomless pit of money.
Good luck. You're going to need it.
2006-11-17 09:46:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need a lawyer. It is unfair for the ex to get the court to make you pay for things for the kids that she then does not provide. She justs wants the money, partly to punish you and partly she justs wants the money.
Your lawyer will need to go to court and explain to the judge that she never put the kids in day care and you still paid, so he wants you to be able to stop paying for what the kids aren't getting. A judge will take a dim view of her for not using the money for day care. She will have to come up with a good explanation as to why she did not put the kids in day care.
2006-11-17 09:43:36 · answer #5 · answered by sonyack 6 · 0⤊ 0⤋
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2016-10-22 06:42:23 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Until the court changes the order you have to pay what the court sets into place.
2006-11-17 18:11:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no matter what you are still financially responable for your children no matter what,, keep paying an take her back to court over visitation an i do agree with no#1 on this issue
2006-11-17 10:12:04 · answer #8 · answered by featherman_65018 2 · 0⤊ 0⤋