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Keeping current with amount of child support.

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JazzHands

Junior Member
What is the name of your state? Florida

My husband and his ex-wife have been divorced for ten years with child support going to her for their son. They have worked together fairly well over the years on support/custody issues. My husband, at that time was not well established in a well paying career, so his court ordered child support was about a fourth of what he pays now. He has calculated his own increases as he changed jobs/gotten raises and bonuses. To be very clear, there has not been a single month that he failed in his responsiblity. He also sees his son nearly everyday. It's almost a dream situation, not always perfect, but not the horror stories you hear.

My question is: Since the payments have been over the original court ordered amount, would those "overpayments" be considered gifts? Is there a possiblility, if god forbid, some court action happened , would he be liable to pay back support again?

Also: His work just announced a huge shake up in his department. He is fairly confident that he won't be out of a job, but if he is, and we end up in a situation where he is out of work/on unemployment/takes a lower paying job, can we lower the child support to an appropriate amount based on new income? Bearing in mind we want to pay what's fair and legal.

We do have a good relationship with the ex, but I'm not sure how she'd react to lower payments. We wouldn't be able to pay money we didn't have.
 


seniorjudge

Senior Member
Q: Since the payments have been over the original court ordered amount, would those "overpayments" be considered gifts?

A: Yes.


Q: Is there a possiblility, if god forbid, some court action happened , would he be liable to pay back support again?

A: Yes, but if all of what you say is true, I doubt that any court would do this.
 

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