My ex-wife has quit sending me the court-ordered monthly payments that are meant to be used to pay down the credit card debt we are both responsible for, according to our divorce decree.
Can I deduct those missed payments from the amount of monthly child support I owe?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota child support laws where I am licensed to practice.
In most states you cannot deduct payments for other debts from child support.
Your best course of action would be to take your ex-wife to court regarding nonpayment of the credit card bill.
If you deducted credit card payments from child support, then you could be found to be behind in child support in the amount of the deducted credit card payment.
If the court has ordered you to pay an amount of child support, then that is the amount you must pay. Paying lower support based on agreements you may reach out of court is one of the biggest mistakes non-custodial parents make.
You cannot change the court’s orders on your own. If you don’t pay, you could be risking an accumulation of arrearages, fines, contempt charges, and even jail time.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.