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I pay child support without court order

Discussion in 'Alimony & Spousal Support' started by myequation, May 26, 2010.

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  1. myequation

    myequation Law Topic Starter New Member

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    Long story short:

    I have a great 10 year old son.
    The mother and i were never married.
    She did decide to leave me during his first year.

    I have paid child support on my own over the years.
    And keep him when I can. And keep records of payments

    She and the son live in SC
    Im in NC.

    I was wondering if all my years of payments would be considered "gifts" by the court if she decided to get tradition child support with the courts.

    Would I have to repay years of back child support? That would be a financial nightmare.
     
  2. Proserpina

    Proserpina Moderator

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    It's entirely possible.

    What kind of proof do you have?
     
  3. myequation

    myequation Law Topic Starter New Member

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    Copy of checks written out to the mother,
    Sons name is in the "for" section
     
  4. Proserpina

    Proserpina Moderator

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    Is Mom now filing for support? If that's the case then she'll generally only get support retroactive to the date she files.

    It's HIGHLY unlikely that she'll be awarded support back to birth. On the offchance that does happen, seek local counsel immediately.
     
  5. myequation

    myequation Law Topic Starter New Member

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    No she is not filing for support. I help my son all I can but the mother is unpredictable. If that scenario was possible she would try.


    Thanks for your help!
    Maybe I can rest now.



     
  6. army judge

    army judge Super Moderator

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    Generally, any money given as child support (proof or not), isn't counted as child support when such an action is brought; absent a court order.

    If I were you, I'd speak to an attorney ASAP.

    The first consultation is usually free.
     
  7. myequation

    myequation Law Topic Starter New Member

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    That doesn't sound good at all!!
    What should I expect? worse case scenario?
     
  8. Proserpina

    Proserpina Moderator

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    Um....AJ is basically paraphrasing what I said earlier...it amounts to the same.

    What you give Momma right now isn't generally classed at child support - but it's moot, because even if Momma files for support tomorrow morning she likely will NOT be awarded back support to that degree.

    Again, support is awarded usually only back to the date of FILING. NOT the child's birth.
     
  9. army judge

    army judge Super Moderator

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    All it takes is someone whispering "GOLDMINE" in her ear.

    Or, she could get angry at you.

    The worst case scenario is that she wins a huge back child support judgment.

    It could be that EVERYTHING you have given her towards support wouldn't count for one, thin dime!

    As previously stated, you would be best served to speak with an attorney and get everything in writing APPROVED by a court of law!

    Here are the statute of limitations, regarding child support in SC.

    http://www.child-support-collections.com/statutes/south-carolina.html


    For your sake get it all in writing.

    Then get a judge to approve it.



     
    Last edited: May 27, 2010
  10. Duranie

    Duranie Moderator

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    This is generally never a good idea but if the checks are written as child support specifically, then it would be VERY hard for her to claim them as gifts.
     

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