4.4. How Child Support Payments Will be Made.

The mother will open a checking account in her name and the father will deposit child support payments into the account by the first of each month for that month. The mother will keep the father supplied with deposit slips and will send him a copy of the bank statement every month within ten days after receiving the statement or at any time upon request.

OR

4.4. How Child Support Payments Will be Made.

The father will deposit child support payments with [agency name] by the first of each month for that month.

Explanation:
Child support payments can be made in different ways. A payment can be made directly to your ex-partner, to an agency that specializes in this area, or in the manner described in the first example.

Concerns:
If you pay your ex-partner directly, she may claim that the payment was made late or might even throw the check away and say that you never paid her (a common tactic used by a vindictive ex). Then she can haul you into court and claim that you have not been making your child support payments on time, which is an extremely serious offense. The judge can then take away your drivers license, garnish your wages and your bank account, or even put you in jail. This is very common, and I know of a father who had been paying double the court ordered child support and was placed in jail for 30 days before he was allowed to prove his innocence when his ex claimed he had not been paying any support. A friend of mine who had always paid his support on time found out that his ex had told his children that he had never paid any child support and she alienated the children toward him for more than ten years which destroyed their relationships.

Your ex may insist that you make payments directly to a child support agency (which is basically a collection agency) who then pays her. This is fine, except if you get behind for any reason. Most of these collection agencies do not care if you become unemployed, injured, disabled, or for any other reason fall behind in your payments. If you are late or cannot pay child support on time, they can be very aggressive in their collection methods. Their job is to collect the child support regardless of the circumstances. So avoid this method of payment if at all possible. You might explain to your ex-partner that her ability to use the funds will be delayed since they have to be processed by an agency.

Options:

1) The first example above would be my preference. It lets your ex-partner open a special account specifically for your child, allowing you to deposit child support and any other payments such as medical insurance, work related child-care or college funds directly into this account. This method provides proof that your payments were made on time.

2) If she insists on using a child support agency, try to find one that is run by the state. They are generally more flexible than the private ones and more inclined to work with you if you’re going through a difficult time.

NOTE: Always make notations on your child support checks specifying the purpose of the payment and the dates the payment applies to. It is critical to keep all your cancelled checks or money orders for child support as well as any other proof of payments made. You must keep a solid paper trail for evidence just in case. Keep back up copies in a safe place like a safety deposit box or at a friend’s home.

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