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  1. #1

    Default Paying Child Support Before It's Ordered By a Court

    My question involves a child custody case from the State of: california

    if the non custodial parent is givng custodial parent money here in there before the court date can that be used to delete some of the back pay owed ?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,271

    Default Re: Giving Money to Custdial Parent Before C.s Court Day

    Sometimes.

    But more often than not it is considered a "gift".

    The paying parent is usually best advised to hold on to the money so that when child support is established if there are any arrears (and there's usually at least a nominal amount), they can be paid off immediately.
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  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,024

    Default Re: Giving Money to Custdial Parent Before C.s Court Day

    If both parties agree that the payment was for child support, it's generally not hard to get credit. The issues arise when the parent receiving the money says that it was for something else, or when the parent paying the money doesn't pay it directly to the other parent then tries to claim that payments (e.g., to the children), gifts or other items were "support".

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