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  1. #1
    Join Date
    Feb 2008
    Location
    Texas
    Posts
    7

    Default Paying Child Support in Florida Without a Court Order

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

    My husband had a child outside his previous marriage seven years ago. My husband and the mother of his child made an agreement about child support on their own without a court order. He has not been paying what was agreed because of financial hardship but has been paying something. He is retired military so the minor child has had military benefits to include medical/dental/vision from the time of her birth. She is now threatening to file child support which is what he wanted her to do from day one. We are told that if he was paying her money without a court order, it may be considered a gift and may not be given credit for it. He has been giving her money since the child was born. What we would like to know is should he stop paying her any money until a child support order is in place and simply provide items she needs such as food, clothing , etc. which we will purchase ourselves?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Paying Child Support in Florida Without a Court Order

    You were told that by a friend? Your lawyer? The village idiot? Because only your lawyer's advice matters.

    There are circumstances under which the informal payment of support can be treated as a gift. But if you have a formal agreement for child support (even if not through a court) and are paying in a manner that you can document (e.g., checks with the memo "child support"), that is going to help in a context in which a custodial parent seeks an initial custody order and tries to claim retroactive child support. You can pretty much take for granted that if you give the child or mother gifts of food, clothing, or other items, the court will treat those as gifts and not as child support.

    If your husband wants a formal child support order, nothing is stopping him from petitioning for a formal child support (and visitation) order.

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