I have a question in regards to my wife. She is paying child support for her two children, the question is this:
If you pay child support directly to the other spouse because it was not known that it needed to go through an agency, can they turn around and say it was gift money? This doesn't make since to me and my wife is a resident alien from Asia and did not have appropriate lawyer services. What can we do to ensure that she is not taken by this guy again? We have copies of the checks when we got married but that does not cover the first couple of years. Second, he makes more money then she does and got remarried to a women with two more kids (She does not receive payment for them but they are not fighting to get more from him). Has anyone else dealt with something like this? Any advice is welcomed. The case is from Texas but now all of us are in Florida. :confused:

I believe that if the payments are not going through the courts then she would be responsible for back support. You said that the case is from Texas. Was there ever anything established through the courts in Texas? This sounds like a very complicated situation and your wife is best off finding an attorney. If things have not been put through the courts then they need to be. Good luck!

I have a question in regards to my wife. She is paying child support for her two children, the question is this:
If you pay child support directly to the other spouse because it was not known that it needed to go through an agency, can they turn around and say it was gift money? This doesn't make since to me and my wife is a resident alien from Asia and did not have appropriate lawyer services. What can we do to ensure that she is not taken by this guy again? We have copies of the checks when we got married but that does not cover the first couple of years. Second, he makes more money then she does and got remarried to a women with two more kids (She does not receive payment for them but they are not fighting to get more from him). Has anyone else dealt with something like this? Any advice is welcomed. The case is from Texas but now all of us are in Florida. :confused:
Your wife needs to check the court order to see if it is written in the order that payments must be made through the court clerk or state disbursement unit.

If it is stated, then unfortunately anything paid that is not made according to the court order, is considered a gift.

If it is not stated, or if the order states to pay the CP directly, the reciepts of payments should be enough. However, it would be a good idea for her to set it up so that she pays through the state or court in the future.

I have a question in regards to my wife. She is paying child support for her two children, the question is this:
If you pay child support directly to the other spouse because it was not known that it needed to go through an agency, can they turn around and say it was gift money? This doesn't make since to me and my wife is a resident alien from Asia and did not have appropriate lawyer services. What can we do to ensure that she is not taken by this guy again? We have copies of the checks when we got married but that does not cover the first couple of years. Second, he makes more money then she does and got remarried to a women with two more kids (She does not receive payment for them but they are not fighting to get more from him). Has anyone else dealt with something like this? Any advice is welcomed. The case is from Texas but now all of us are in Florida. :confused:

the only way they can say it was gift money is if there is no court order for child support. Was your wife ordered to pay a certain amount of child support by court order? If not, how did she determine how much to pay?

If there is a court order for her to pay child support, then the amounts she is paying to her ex-husband are considered child support and do not have to go through an agency. An agency helps with collections and that is the main reason for going through an agency. Child support can be paid without an agency.

But if there is no court order and she is just paying child support on her own good will, they can be considered a "gift". This is simply because she isn't ordered to pay child support, therefore any money she gives him is a gift. However, if that is the case, she doesn't have to pay anything since there is no court order existing. If the ex husband goes to court and requests a child support order, she can show the receipts of what she has paid in the past and can potentially get credit for those amounts, it would be up to the judge to decide.

he probably wont be so dumb to take her to court if he makes more than her then she probably would pay less than what she is. if she has receipt of payment then they will most likely credit her if he decides to sue for back child support.

the only way they can say it was gift money is if there is no court order for child support. Was your wife ordered to pay a certain amount of child support by court order? If not, how did she determine how much to pay?

If there is a court order for her to pay child support, then the amounts she is paying to her ex-husband are considered child support and do not have to go through an agency. An agency helps with collections and that is the main reason for going through an agency. Child support can be paid without an agency.

But if there is no court order and she is just paying child support on her own good will, they can be considered a "gift". This is simply because she isn't ordered to pay child support, therefore any money she gives him is a gift. However, if that is the case, she doesn't have to pay anything since there is no court order existing. If the ex husband goes to court and requests a child support order, she can show the receipts of what she has paid in the past and can potentially get credit for those amounts, it would be up to the judge to decide.

Even with a court order, child support should NEVER be paid directly to the CP. Even when enforcement agencies are not involved, the CS should be sent to the state disbursment agency or the district court where the order was issued so that the money is properly credited. Even in cases where the check or money order clearly states "payment of child support", it can be considered a gift. There is no way to prove WHEN "payment of CS" was written on the check.

Even with a court order, child support should NEVER be paid directly to the CP. Even when enforcement agencies are not involved, the CS should be sent to the state disbursment agency or the district court where the order was issued so that the money is properly credited. Even in cases where the check or money order clearly states "payment of child support", it can be considered a gift. There is no way to prove WHEN "payment of CS" was written on the check.
I thought about that too, but I'm unsure if all states have specific disbursment units or not. Do you know if they all do?

I told OP to have his wife check the court order because if there isn't anything in it specifying payments go to court or disbursment unit, with reciepts his wife would have a good case for proving payments were made. I do know that since both parties now live in Fl. if the case is transferred the payments have to be made through the disbursment unit in Tallahassee.

Please let me know if all states are required to have disbursment units. Thanks.
Xena :)

match entitling states to recieve their portion of the funds that are set aside to encourage states to come up with the highest support awards possible and all the other bull they all have disbursement offices to keep track of the money so that they can get theirs at the end of the year.


I read one of the charts about 3 years ago and if my memory is correct all 50 states plus the DoC and a few territories were on it.

This information is listed on the federal gov web site and you can find copies to see how many millions your state collected last year by making sure families have limited visitation and mamimum support awards with a lil googling

if i get a couple extra minutes i will post a url so you guys can take a look at the federal match info.

It is tax season so i will be rather busy til the middle of may

rini