HomeChild Supportis there a law that says that a father can’t get credit for child support payments?
Posted in Child Support on 18th January 2011

is there a law that says that a father can’t get credit for child support payments?
Child support is for the care and maintenance of childern. 23 days after my daughter was born I petition to establish paternity I was ordered to pay child support per guideline no one set an amount for almost 3yrs. I was paying the mother by money orders that clearly states ” child support” not a loan and not a gift with her signature on back for cashing. I have copies of money orders for 3,000 dollars that did’nt go towards the arrearage during trial now the state say i owe them back child support but they don’t wanna give me credit for may payments presented during trial,they say it is moot.I feel that this is unfair because it is unaccounted money that was taken from my daughter that she deserve for care and maintenance .

Best answer(s):

Answer by b
i don’t believe there is a law about it or a way to make it right. that is a problem with child support enforcement agencies,their main concern is making money off of child support. the way you paid did not allow them to. try to get copies of the money orders and appeal,the child support agency website should have the procedure for it. try this too,just change it to your location.

http://family.findlaw.com/

edit. another possibility to consider,not sure if it is an option. sue your ex in small claims over it and if you win use the money to pay the arrearage. since she knows that you paid and is not offering to back up your claim.

Answer by Toni V
Okay you need to get a lawyer and show them the money orders and what not and they will take it up with the case worker for the attorney general of your state. So I hope this helps. You can look up (your state) attorney general and it will bring up your webpage for it.

Answer by Eric W
I am writing from BC, Canada.

When you go to court, you have to prove that the payments were made and for what purpose they were made. The court will either accept that evidence or reject it. If the court finds the money was paid as a loan, then seek a setoff for the amount of the loan to be credited against support.

If you have already gone to court and a judgment given, your only choice is to appeal. Do so quickly before time runs out.

In either case, get a good lawyer.

Answer by Carrie C
I have had this argument with my ex husband when we were married. He never established a custody order or child support payment for his daughter/my stepdaughter. Without establishing this, no matter what you give and what you put on the check or money order, it will always be considered a gift. Until you legally prove a support order for a set amount you owe back support even if you have been paying her. Get this taken care of soon. I’ve tried to get my ex even now to establish this but he thinks the mother of his daughter won’t figure this out and come back on him. Don’t be naive.

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