CS question

CalisMom26

If my childs father has been sending money (not consistently) monthly, prior to our court date for LEGAL child support, will this count and go towarsd what he would owe in arrears?  I hope I wrote that correctly and you all know what I am getting at.

I have a court date in November, DD was born in July, and I have received two checks from him so far (I am assuming he calculated on his own what 17% of his income is).

 

TIA!

MrsMeganP

As far as I know it's considered a gift until you go to court and get it all legal but I could be totally wrong.

sweetie0228

depends on the state.  When we first set up CS, they asked me if he paid for anything at all and how much before we filed and that was counted originally.  BUT in some states it's considered a gift and if he pays anything out side of the cs courts it's considered a gift and not counted towards cs.

Be prepared to state any money he's contributed towards CS but also be aware that none of that may count.

 

kmartinez80

I don't know if it would count or not; I know a lot of places, if CS is not paid through the proper channels then it counts as a gift, but that may vary by state.  That being said, if the money that he sent was not automatically put towards back child support by the judge I would highly encourage you to step up, do the right thing, and request that the judge count it towards back support.  I can't tell from your post how you would respond to the situation and I'm just offering my opinion.

CalisMom26

Thanks ladies.

 

He owes me $$ for some other things, so I am on the fence how "nice" I want to be.  But if the courts will not count it, my hnads are tied

JCGreene85

I had mediation yesterday, and everything that ex contributed BEFORE our court order was final was taken off what he owed in arrears. I added up everything that I bought in categories and they only looked at 4 categories: Diapers/Wipes, Food/Formula, and the necessities (crib, changing table, breast pump ect, and daycare. So our mediator added up with EX had in receipts, compared it what I had, and ex has to pay the difference. He also has to pay back 1/2 of all medical expenses that he didn't pay before.

Nothing will ever give me more satisfaction than the look on his face when I handed him the paper stating what I was requesting in back child support.