Child Support Payments during open case

[spotsysoul]

What is the name of your state (only U.S. law)? MD

For months, my sons father had stop paying child support payments(not court ordered). I have filed and according to the court, I can have payments start from the date the case was filed.

My question...

He just started giving me money. Will it affect the case any? Will they take those payments into consideration and deduct it from what's ruled on? Should I not cash them right now? Just curious on how to handle this moving forward so it doesn't mess up anything. It's very weird that he started paying again, so I am thinking he's been given some sort of advice.

 

[Proserpina]

What is the name of your state (only U.S. law)? MD

For months, my sons father had stop paying child support payments(not court ordered). I have filed and according to the court, I can have payments start from the date the case was filed.

My question...

He just started giving me money. Will it affect the case any? Will they take those payments into consideration and deduct it from what's ruled on? Should I not cash them right now? Just curious on how to handle this moving forward so it doesn't mess up anything. It's very weird that he started paying again, so I am thinking he's been given some sort of advice.

Frankly he is under no obligation to pay a cent until there's a court order; what I would do is simply not cash the money and then once the court order is in place you can cash it and deduct the amount from his arrears. Or, you can return it to him and tell him to keep it to one side.

If I were him, I'd be requesting that the amounts paid so far are taken into consideration.

In a strictly legal sense though, the money he's already paid and is currently paying might be considered a gift, not child support.

Are you receiving state aid of any sort?

 

[spotsysoul]

No I am not receiving any aid at all. Yes, thats what I thought that he is not entitled so I wonder why he started back. Maybe he knows that it will be considered and doesn't want to deal with a lump sum.

Oh, he writes (for child support) on the check, I guess to have proof that its for that and not a gift. I haven't cashed them yet until I get more advice. Thanks.

If anyone else has any advice, please let me know.

 

[Proserpina]

No I am not receiving any aid at all. Yes, thats what I thought that he is not entitled so I wonder why he started back. Maybe he knows that it will be considered and doesn't want to deal with a lump sum.

Oh, he writes (for child support) on the check, I guess to have proof that its for that and not a gift. I haven't cashed them yet until I get more advice. Thanks.

If anyone else has any advice, please let me know.

He can write "child support" in gold heiroglyphics on the back of the check if he wishes - this is not a guarantee that the court won't treat it as a gift.

Jes' sayin'!