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Ask Randy St Onge Your Own Question
Randy St Onge
Randy St Onge,
Category: Family Law
Satisfied Customers: 0
Experience:  Attorney at Law at Saint Family Law
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Before my divorce was granted, my lawyer at the time advised

Customer Question

Before my divorce was granted, my lawyer at the time advised me to start Child support. Cause the Judge may order me to. I sent an email explaining this to my soon to be ex with explanation if it was not ordered by the Judge those funds should be forwarded for future payments. She didn't respond to the email but cashed the check. I have 2 months left to pay. May I stop paying due to I am really ahead on payments?
Submitted: 6 months ago.
Category: Family Law
Expert:  Steven K. replied 6 months ago.
If you can prove that you have paid ahead, then you can stop paying now. But if those prior payments were made before any court ordered child support was due, then they cannot be applied to the child support obligation.
Expert:  Steven K. replied 6 months ago.
Do you have any other questions?
Customer: replied 6 months ago.
I have the email, the canceled check and my bank statement. I was not ordered by the court. Is that proof enough.
Expert:  Steven K. replied 6 months ago.
I'm sorry, I'm not participating in the phone service at this time.
Expert:  Randy St Onge replied 6 months ago.
Good morning, My name is***** I am a family law attorney.
Expert:  Randy St Onge replied 6 months ago.
Question 1: Has a Decree of Dissolution been entered in your case, or is it active and ongoing with future deadlines? Depending on your answer makes a big difference how you proceed.
Customer: replied 6 months ago.
No, in 2 months my last child turns 18. He graduates high school next week.
Expert:  Randy St Onge replied 6 months ago.
If the decree has not been entered you can only make changes like that with approval of the other party or the court/judge without risking the change being viewed as unilateral. Am I correct that the case is ongoing, you have hearing dates coming up?
Expert:  Randy St Onge replied 6 months ago.
You only have to pay what you are ordered to pay.
Expert:  Randy St Onge replied 6 months ago.
Now saying that. There are a lot of instances where one side thinks all is paid and the other side does not and you don't want to be mistaken or you could be responsible for fees.
Expert:  Randy St Onge replied 6 months ago.
And it can be nuanced as to what is over-payments. For example: if the "over-payment" paid for some child extraordinary expense that you at one time refused to pay and you pressed the issue in court to get the over-payment back, you well could be responsible for the cost of everything. Family court is a bit fickle as the judge has so much leeway.
Expert:  Randy St Onge replied 6 months ago.
Just as a general note, if I counseled someone in your situation and they had means to pay the child support, I would tell them its better just to finish things off then start issues, as what you start will usually end up more costly and emotionally painful then just finishing off the payments. And I would give that advice at a free consult.

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