OCSE & child support owed

[PickleZ]

What is the name of your state?

I have a court ordered amount for child support and the order states that the matter be filed with the state OCSE. I did follow up and file with the OCSE.

I have not received a penny for child support from my ex. However, my ex does give money to DIRECTLY to my kids on the visitation days. Now my ex is pleading to the OCSE that this money IS child suppport money and is trying to lessen the amount that is in arrears.

My question is this money, given directly to my kids, considered child support in the eyes of the legal system?

 

[ZILLY]

Nope. In fact, collecting agency's may look at that as illegal. I know in my state of PA, I cannot hand my ex-wife any money outside of the court order. It does not count as support moeny.

She could of course, claim it to child support if she wanted to. But then, she would need a receipt to prove I gave her the money.

 

[BL]

There is nothing Illegal about giving your kids money .

It would however NOT be counted as Child support , but rather looked at as Gifts .

 

[ZILLY]

The judge in my case told me it could be considered illegal in CS's eyes that he is giving money outside of the court order. I didn't mean it was illegal to give your children money, but you're right, it will be considered as a gift.

So for future reference, tell your ex that this doesn't count towards child support and if he don't believe you, tell him to call child support himself.

 

[stargazer0725]

It's also wholly dependent on the mood of the recipient parent.

In my case, my ex paid me directly for 2 years before defaulting on his payments entirely (forcing me to get the CSEA involved). Upon opening the case, they had me sign an affidavit vouching for all monies received prior to my case opening. At that point I wrote down every penny that I'd gotten so far, so that his arrearages wouldn't be over-estimated.

If I was feeling vindictive, I could have really *crewed him by not reporting anything because he paid me in cash every time.