Child support held in abeyance, but I still want to pay

[tiffanymiles]

What is the name of your state? Ohio

My ex-husband has custody of our 2-year old child. I am a student and have a meager income ($700/month. When he was awarded custody, and even when we got a divorce, he never requested child support. I would like to pay child support because it is the right thing to do - she is my child, and I am responsible for her, even though the ex-husband has not pressed for child support, and I never see my child (because he will not answer my requests for visitation; by the way, I was granted visitation in court). For about a year now, I have been sending child support payments to him; they are money orders that say - "Child Support". Since there is no court order, will I receive "credit" for this later? After I finish school, I will get a court order for child support, so that it will be official, and so that the support that I send will not be considered a gift. Any advice? I want to be a responsible parent, whether I ever see my daughter again, or not, and whether he ever requests child support or not. I just want to do the right thing.

 

[Gracie3787]

What is the name of your state? Ohio

My ex-husband has custody of our 2-year old child. I am a student and have a meager income ($700/month. When he was awarded custody, and even when we got a divorce, he never requested child support. I would like to pay child support because it is the right thing to do - she is my child, and I am responsible for her, even though the ex-husband has not pressed for child support, and I never see my child (because he will not answer my requests for visitation; by the way, I was granted visitation in court). For about a year now, I have been sending child support payments to him; they are money orders that say - "Child Support". Since there is no court order, will I receive "credit" for this later? After I finish school, I will get a court order for child support, so that it will be official, and so that the support that I send will not be considered a gift. Any advice? I want to be a responsible parent, whether I ever see my daughter again, or not, and whether he ever requests child support or not. I just want to do the right thing.

You may or may not recieve credit for the payments, alot of times it is up to the Judge who is ordering the initial CS.

To protect yourself, you really need to go ahead and file now to establish court ordered CS. It will also look better for you in court and a Judge will be more likely to allow credit for payments made instead of ordering retroactive CS. Good luck, and I commend you on your payment without having a court order.
Gracie

 

[BelizeBreeze]

What is the name of your state? Ohio

My ex-husband has custody of our 2-year old child. I am a student and have a meager income ($700/month. When he was awarded custody, and even when we got a divorce, he never requested child support. I would like to pay child support because it is the right thing to do - she is my child, and I am responsible for her, even though the ex-husband has not pressed for child support, and I never see my child (because he will not answer my requests for visitation; by the way, I was granted visitation in court). For about a year now, I have been sending child support payments to him; they are money orders that say - "Child Support". Since there is no court order, will I receive "credit" for this later? After I finish school, I will get a court order for child support, so that it will be official, and so that the support that I send will not be considered a gift. Any advice? I want to be a responsible parent, whether I ever see my daughter again, or not, and whether he ever requests child support or not. I just want to do the right thing.

If what you say is true then stop sending the payments and start an educational fund for her using the money you send to the ex.

You may or may not get credit for the monies but it really is a moot point. Your ex cannot receive monies for support until he files and then only the date he files will be used in this case for any back support owed.

 

[mom22boyz]

Stop paying him directly ASAP you receive no credit for it.

Here is a link to the Ohio Office of Child Support that verifies any direct payment from NCP is considered a gift.

Look under Case Establishment, Question 11.

http://jfs.ohio.gov/Ocs/faq.stm#ce11

 

[Zephyr]

and file in court for contempt for him not allowing you your court awarded visitation time