Paying $$ without an order

[luap11]

What is the name of your state? CA

I am in CA, paying approximately $600 month in CS plus $200 for wife's vehicle (out of the goodness of my heart), plus half of my son's pvt. school which equals $200/month. Will I be given credit for this when I file? Or is this contribution considered a gift? Does it do me any good to pay this? What will the court say? We have 2 kids, 16 and 6 and we have the kids nearly equal time. I have no problem caring for my kids but this is nearly one third of my take home before I pay my own rent and expenses (mind you I still have the kids equal time).

 

[angiesmom]

What is the name of your state? CA

I am in CA, paying approximately $600 month in CS plus $200 for wife's vehicle (out of the goodness of my heart), plus half of my son's pvt. school which equals $200/month. Will I be given credit for this when I file? Or is this contribution considered a gift? Does it do me any good to pay this? What will the court say? We have 2 kids, 16 and 6 and we have the kids nearly equal time. I have no problem caring for my kids but this is nearly one third of my take home before I pay my own rent and expenses (mind you I still have the kids equal time).

Legally, I think that anything given out of the goodness of your heart will be considered a gift and you will not get credit for it. However, when my ex and I split up and before the court order was issued, he would give me money and we would write up a receipt, which we both signed, dated and had the amount he gave me. I then sent these receipts to the child support officer and he was given credit for the amounts paid. If your ex would be willng to do this, that's great. If not, then sorry, but you probably won't get credt.

 

[luap11]

Wait a minute. I have been paying $800/month since January 06, and 1/2 of my son's tuition, she has not filed yet and I might not get credit for it? I have receipts (carbons of checks written) for proof of payment?

So if I stop paying other than his tuition, she files for support in August, I can still be required to pay back child support back to January 06' depending on how the court would view my receipts? Or would it only count for shortages after she actually requests child support and I either fail or am unable to pay? How is it viewed?

I thought I'd be accountable for the period from our separation (no paperwork filed) until the actual request was made.

 

[stealth2]

You're not required to pay anything absent a court order.

 

[LdiJ]

Wait a minute. I have been paying $800/month since January 06, and 1/2 of my son's tuition, she has not filed yet and I might not get credit for it? I have receipts (carbons of checks written) for proof of payment?

So if I stop paying other than his tuition, she files for support in August, I can still be required to pay back child support back to January 06' depending on how the court would view my receipts? Or would it only count for shortages after she actually requests child support and I either fail or am unable to pay? How is it viewed?

I thought I'd be accountable for the period from our separation (no paperwork filed) until the actual request was made.

If she acknowledges that you have been paying support...then it shouldn't be a problem. Its only really a problem if she doesn't. I assume that the two of you are coming to agreements regarding your separation/divorce. This should be one of the things addressed in the agreements.