Child Support During Separation

[jibdr]

My question involves divorce in the State of: Florida

I have been separated since Aug 10, but have not yet filed divorce papers or signed a separation agreement. I calculated child support using the worksheet and my income but did not include any $ her since she doesn't have a W2 or 1099 income. Based upon that calculation I have made those payments every other week since the separation. Does this count as child support during the separation? Can she contest that I didn't pay and demand arrearages even though the checks indicate "Child Support <date>"? I heard a comment this could be construed as a gift rather than child support. Should I discontinue payments until court ordered or will this be detrimental to my case in court?

[Dogmatique]

Technically you don't owe any child support at this point.

Monies handed over without a court order can be considered gifts, but honestly in this situation if Mom was awarded back support there's a good chance you would receive credit for what you've paid so far.

If Mom does file eventually - or if you come to an agreement in court - the obligation generally doesn't go back much further than the date the petition is filed. So you appear to be in pretty good standing as it is.

I'm not sure that I'd stop payments at this point, since you've been doing it consistently.

[jibdr]

Noted... thanks.

As mentioned above, she doesn't have a typical W2 or 1099 job, but earns money via internet marketing. I know she is making some money because the amount I give her each month does not even cover her rent much less other utilities and actual supporting the children (who are with me 50%+ of the time). Should I consider recalculating using an estimate of what I think her monthly bills are? Also, am I required to continue making car insurance payments even though we live in separate households?

[Dogmatique]

You should impute an income her based upon 40 hours/week @ min wage (that's generally what the court would do).

Are the kids truly with you more than 50% of the time? If that's the case, is there any reason why you wouldn't go for primary placement or at least a 50-50 timeshare?

With regards to the car insurance...well, again you're not obliged to pay. But on that one...think of the kids. I wouldn't want them being transported by an uninsured driver.

[jibdr]

I will look into recalculating.

Yes, I have had them 57% of the time since last August. I have kept track of the nights they have been with me. The unwritten agreement has been one week on one week off (they are 5 and 4) - I want and expect 50-50.

Of course I am concerned about the kids. During a prior separation I gave her $500 at the mediators office to get her own insurance and 3 months later when we reconciled she had not done so. There will be no reconciliation this time, and I want the kids protected, but I also want her to assumer responsibility for her expenses.

Thanks for the input.

[Dogmatique]

The reason I asked is because based solely upon what you've said...you actually stand a better-than-most chance at being primary custodian, and Mom will be paying you child support.

And Dad...good for you for supporting your kids even though at this stage you're not yet legally obliged to do so. You and I both know that you're only doing what's "right" - but Dads like you are depressingly rare on these forums.

Thank you