Is it possible to pay a lump sum

[jazzyjam]

What is the name of your state? Ohio
I am wondering if it is possible to pay a lump sum for CS to my hubby's ex.? After paying for a child that isn't his for all of these years he would like to put it behind him. If it is possible does it have to be the amt. owed for the next 6 years?

 

[Content]

That's actually something I have NEVER heard of. You would be best to consult with a few attorney's as well as check with the cs office in your area. It's actually a good question though, have never thought of it, but I would think it would be difficult because most states allow for a modification at least every few years so the amount could potentially change from year to year. Worth checking into though.

 

[LdiJ]

What is the name of your state? Ohio
I am wondering if it is possible to pay a lump sum for CS to my hubby's ex.? After paying for a child that isn't his for all of these years he would like to put it behind him. If it is possible does it have to be the amt. owed for the next 6 years?

I have encountered a handful of situations where it happened...and in some of those there were later complications. Its not a question that you should be asking on an internet board...its a question that requires a consult with an attorney in the area that has jurisdiction of the case.

 

[RedTapeNYC]

not to mention that that could possibly backfire on you. If she is money greedy (like someone I deal with), she could possibly figure you have more money than you say and try to get more for CS. It may be annoying, but another alternative would be looking into automatic bill pay with your bank. One less check to write, and you could set it up to do it automatically for the year.

 

[jazzyjam]

Frustrating

The laws are so frustrating. I can't imagine that my husband has to pay for a child that isn't his for starters. She was born in the marriage so he's stuck with this bill. I thought maybe something like this would stop the wondering if she's going to take us back for modification all the time. She is very money hungry but I think would be very willing to take the lump sum because she doesn't think about the future. It's right now that matters to her. She has a house that needs repairs (given to her on her parents property) and with some extra cash she would be able to finish the job and not have to worry about a house payment. I just didn't know if it was something to offer her not knowing if it would be permitted. Has anyone else heard of someone doing this. With the way the laws are, she could agree but it not matter if the law doesn't allow it.

 

[kat1963]

Wait a minute Ohio does have relief from paternity fraud. How come he’s not pursuing that or has he? Have you researched suing her in civil court (tort law).

No, paying her a lump some is horrid idea (been there, wanted to do that). It is the child’s right to be supported by both parents. All she has to do is run thru the funds, (whoops, it’s gone!) then apply for more money since of course she will need it to support the child. Judges rule *in the best interest of the child* AND *best interest of the state/welfare* so which way do you think the judge would rule? Would you risk it? Of course not.

Hey, I know it’s frustrating but 4 years will fly by mighty fast. Frankly I get the giggles knowing that it’s been 30 days since Mr. KAT’s support terminated and that cash cow is now out of money (she has never worked). She lives in OH maybe you’ve seen her huge beefer butt on a corner….?

Also you state in one of your posts that in OH a parent can file to continue support thru college. OH has No statute or case law holding parents to a duty to college support in the absence of an agreement.

Here is some good reading:

http://www.deltabravo.net/custody/articles.php

http://www.deltabravo.net/custody/boards.php

Good luck!
KAT

 

[BelizeBreeze]

The statutory limit for child support in Ohio is 18 if the child is not enrolled in High School up to a max age of 19 if so enrolled and yes, Ohio makes provision for deviation from the statutory calculations for support in § 3119.23. Factors relevant to granting deviation. which includes college expenses.

 

[jazzyjam]

Kat

Thank you for your reply. We went to see a lawyer this week and he is checking on the laws about paternity fraud. I've tried to make sence of them myself but they are hard to understand. Can you give me anymore info in the paternity fraud subject. My understanding from what I read is that if you didn't know you could make changes. Our attorney gave us different info so now I'm thinking that I read it wrong. My husband wasn't sure and tried to not pay for her at the time of the divorce...Another child that is his is involved. The ex convinced him that she was his and now as she gets older you can definately tell she isn't his. With new info we are 100% sure she isn't his. When we seen the attorney he said that everything is in the best interest of the child. I understand that maybe mentally it wouldn't be good for her to know the truth but why doesn't the real dad have to pay for her instead? Hopefully the laws will start going after these dead beat moms.

 

[BelizeBreeze]

If your husband signed an Acknowledgment of paternity then there is no relief from judgement even if, at a later date, the child is found to not be his.

 

[betterthanher]

Hey, I know it’s frustrating but 4 years will fly by mighty fast. Frankly I get the giggles knowing that it’s been 30 days since Mr. KAT’s support terminated and that cash cow is now out of money (she has never worked). She lives in OH maybe you’ve seen her huge beefer butt on a corner….?

There's alot of them in Ohio. More in some counties than in others. What county is she parked...err, I mean residing in? LOL

 

[jazzyjam]

I understand that in the divorce he did state that she was his but isn't that what paternity fraud is all about? So many men have divorced and have done the same thing. It says on the divorce papers that these 2 children were his from the marriage. I assume all divorce papers say that. For her to say they are his makes her the fraud, not him...now I'm more frustrated and confused.

 

[betterthanher]

I understand that in the divorce he did state that she was his but isn't that what paternity fraud is all about? So many men have divorced and have done the same thing. It says on the divorce papers that these 2 children were his from the marriage. I assume all divorce papers say that. For her to say they are his makes her the fraud, not him...now I'm more frustrated and confused.

I bolded some key language. Whenever children are born within a marriage, it is presumed the couple is the biological parents. Unless a DNA test proves one of them otherwise.
Has a DNA test ever been conducted?

 

[BelizeBreeze]

I understand that in the divorce he did state that she was his but isn't that what paternity fraud is all about? So many men have divorced and have done the same thing. It says on the divorce papers that these 2 children were his from the marriage. I assume all divorce papers say that. For her to say they are his makes her the fraud, not him...now I'm more frustrated and confused.

He has acknowledged them in court proceedings. This is a done deal.

 

[Zephyr]

No, paying her a lump some is horrid idea (been there, wanted to do that). It is the child’s right to be supported by both parents. All she has to do is run thru the funds, (whoops, it’s gone!) then apply for more money since of course she will need it to support the child. Judges rule *in the best interest of the child* AND *best interest of the state/welfare* so which way do you think the judge would rule? Would you risk it? Of course not.


however he could certainly put that lump sum of money into some form of trust, that will draw interest and disperse payments to mom monthly. maybe if she were to ever file for modification the interest will make up a little of the diffeence.

 

[BelizeBreeze]

http://www.ancpr.org/ohio_statute_on_contesting_pater.htm I understand that you are saying that the new law doesn't protect my husband, I guess I'm wondering who does it protect?

The child.

Why make the law if it doesn't mean anything to anyone!

I have no idea what you're talking about.