SPARC Forums

Hi,

I was wondering if anyone can answer my question. My son recently found out that he is the Dad of a beautiful baby boy through a paternity test.

Everything is going through the courts. Someone offered us some advice and mentioned that it would look good for him to start sending money now instead of waiting till a support order is in place.

What my son is wondering is
1.  if this would be considered support and taken off the amount he'd owe? Or if it would be considered a gift?

 He doesnt' make a lot of money, and has been saving money toward back support.

Oh and we are in NY state.

Thanks

Lisa

>What my son is wondering is
>1.  if this would be considered support and taken off the
>amount he'd owe? Or if it would be considered a gift?

It will not be deducted from what is owed. So, for all practical purposes, it will be considered a gift. This may be positive evidence in support of your son's custody rights, but it will be meaningless to his support obligations.

I suggest saving the money in anticipation of the support order in a trust account with the child as beneficiary, and then showing the court that the trust was set up during the pendency of the proceedings as a demonstration of good faith.

That gets the benefit of the action on the child's part for custody evidence, and doesn't create a situation where you will be paying twice for the same support obligation.