No actually that wouldn't be the legally right thing for dad to do. She is lucky she was getting insurance coverage on the children through him without an order for child support. Any monies he gives her would be considered a gift and he did not incur the bills and therefore is not responsible for ANY of it.
As a matter of fact, CSE, by treating anything paid without an order as a "gift" has created a financial DIS-incentive to do ANYTHING that is not through them and ordered. It is NOT the "right" thing to commit financial suicide by paying - then being ordered to pay all over again because the first payment doesn't "count". . .
Agreed. If CSEA would allow moneys paid prior to a support order to be counted as support, more parents would most likely voluntarily support their kids without an order. They may have to prove it with checks or other payments specified as CHILD SUPPORT in the memo section or what not but the children would at least receive something.