QUESTION
Will I be able to put the child support payments made to the custodial parent directly instead of the child support office?
Asked on Sep 07th, 2012 on Divorce - Florida
More details to this question:
I am currently trying to draw up divorce papers myself because I am unemployed and cannot afford an attorney.
15 ANSWERS
You can "opt out" of friend of the court [FoC] services, but you may not want to: If you need help enforcing at any time, you would have to do it yourself; FoC will do it for you if you don't "opt out." Also, they can take child support directly from your spouse's employer, even before your spouse receives it, so you won't always have to beg your spouse to follow the order, and FoC has other leverage to use.
Answered on Sep 16th, 2012 at 9:56 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If child support services department is involved, no. They will keep track of your payments, but keep your own records in case a mistake is made.
Answered on Sep 16th, 2012 at 9:56 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If she agrees.
Answered on Sep 16th, 2012 at 9:55 PM
If you do not already have a child support case with that office then you can but be aware that you must be sure to label all child support payments as such to be able to prove if necessary that the payments were made. You should consult a family law facilitator to assist with the paperwork.
Answered on Sep 16th, 2012 at 2:44 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer depends partly on what your state law requires and partly on what a judge decides. In some cases payment to the Family Support Registry is required by law; in other cases the judge can approve direct payment to the custodial parent when both parents agree.
Answered on Sep 16th, 2012 at 1:54 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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If your ex agrees, you can pay directly.
Answered on Sep 16th, 2012 at 1:36 PM
2 Awards
No. You need to pay through the payment center or you may not get credit for your payments, and you may wind up paying twice. And do-it-yourself divorce kits are a terrible idea if you have children or a long marriage or own a home or have been married a long time.
Answered on Sep 16th, 2012 at 1:33 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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If you and your soon-to-be ex agree that payments can be made directly to her, rather than to the Support Collection Unit, you may do so. You should prepare an agreement for both of you to sign in front of a notary public that states what the child support is under the Child Support Standards Act formula, whether you will be paying that amount (and if not, why not) and that you both agree that payments can be made directly to her. This should be submitted to the court with the rest of the divorce papers.
Answered on Sep 16th, 2012 at 12:23 PM
Leonard A. Kaanta
You can opt out the FOC if it is part of the judgment.
Answered on Sep 14th, 2012 at 11:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You must state in the papers that child support payments made directly to the spouse are in the best interest of the child.
Answered on Sep 14th, 2012 at 10:25 PM
Steven D. Dunnings
You can, but if he falls behind in child support, you will have a tough time proving it without having the Friend of the Court keeping the records of payment. Also, you have to get court approval to opt out of the friend of the court. Have you tried legal aid?
Answered on Sep 14th, 2012 at 10:24 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If the other side agrees.
Answered on Sep 14th, 2012 at 6:48 PM
1 Award
You can pay directly to the parent unless you are court ordered to pay via an income or wage assignment.
Answered on Sep 14th, 2012 at 6:44 PM
Local court rules often govern that sort of thing, if not otherwise governed by statute. Your question shows the need that you have to employ the services of an attorney to represent you. How do you know that you are proceeding correctly? Is the child support amount you wish to accept proper under your child support guidelines? Is there any special language that you must use to ensure that the child support is paid in the correct amount and in a timely fashion? You need a lawyer to help you answer these and other questions. Otherwise, you are ensuring yourself additional expenditures of time and money and more heartache later.
Answered on Sep 14th, 2012 at 6:44 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Payments can be made directly to your wife if she agrees to that.
Answered on Sep 14th, 2012 at 6:40 PM