QUESTION
child support to custodial parent a gift?
Asked on Jun 03rd, 2013 on Child Support - Indiana
More details to this question:
I have been ordered to pay child support for the last 2 years. I paid it directly to the custodial parent. Is the money considered a gift leaving me in arrears for all of the support owed over two years?
1 ANSWER
Criminal Law Attorney serving South Bend, IN
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Jeffery M. Haupt Attorney at Law
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Generally, no. There is strong case law authority that you would be entitled to a credit against the amount of child support you owed. The problem that you are facing is that you have to be able to prove what you paid. That can be kind of tricky and one of the reasons I always advise my clients to pay through the Clerk of the Court because it makes a record that the Court can take judicial notice of.
Answered on Jun 03rd, 2013 at 3:41 PM