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child support question

Started by piXi, Feb 09, 2005, 09:27:22 PM

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piXi

if  CS  is paid from the  wife's account to  the  child's mother instead of the husband's account is there any way it could be considered a gift and not CS?

momof2

The only cases that I've known of child support possibly being considered a gift is when the NCP is ordered to pay through the state child support system, but continues to pay the CP directly, or if the NCP pays the CP in cash directly and neglects to get a receipt, or if the NCP is paying child support that is not court ordered.

As long as the court ordered amount is being paid, and is being paid in the manner that the court order specifies (i.e. through the system or directly), and receipts and/or cancelled checks are kept, I don't think it matters which account the amount is coming from.

If you are worried that cancelled checks from your account will not be viewed as child support, I would suggest getting money orders, or transferring money to your husbands account and paying out of it, just to be sure.