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My ex wants to pay me directly
Anonymous2 views4 answers
My ex wants to pay me directly rather than writing a check to child support. We have a court order $500 a month. Can I temporary stop the order by calling the child support hotline & if he doesn't pay me direct ask them to collect again?
Mildred N. PhillipsBankruptcy AttorneyDedham, MA ·
No, you cannot. If you want to change the Order, you have to file Motion with the Court. However, it is unlikely that the Court would grant such Motion, if it is not in the best interests of the Child.
If there is an order for support to be paid through the Support Collection Unit, you must file a petition with the court to change the method of payment as a direct pay. Once you do that, if your ex fails to pay support, you would have to file another petition to get a new order for them to collect again. It's not just a telephone call or something simple.
Most important, it is not in your interest to have support paid directly to you since having it paid through the SCU gives you support enforcement without having to go to court. Failure to pay an SCU order results in the loss of a driver's license and other professional licenses as well as garnishment of your ex's pay and a tax intercept for arrears. In addition, you can place a call to get cost of living increases if payment is made through the SCU. A change to direct payment primary purpose would be to make it easier for your ex to pay you less or on a less regular basis. You should think long and hard about that before filing a petition to change the order.