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Can Extra spending money our daughter receives from her father be use towards his arrears .

Carbondale, PA |

My daughter is receiving child support , however he was not always sending . He is in arrears for over $ 5000 . 00 . We presently went to court for contempt where payment was not made for two months . His employer withheld the money , however kept it because he had taking an advance before quitting his job . He is trying to get his arrears dropped , because during this course he has given her money for various activities . Can he use his receipts for the western unions that he has sent HER not domestic relations for spending money . I live in pa in Lackawanna county . Please he has a very good lawyer and I cannot afford one . I have full custody of our daughter he has supervised visits , PFA is in place . thank you .

Attorney Answers 2

Posted

The court will not typically credit the father's arrears because he had given her money for activities or paid other expenses. He is only entitled to credit if he makes direct cash payments to you or to the Domestic Relations Office. There are some exceptions. If he has paid uncovered medical expenses prior to your reaching the $250.00 deductible or if he has contributed to daycare expenses he may be entitled to a credit, but under the circumstances indicated in your question, there should not be any credit against the arrears.

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

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4 comments

Asker

Posted

Thank you so much. I truly don't understand the law. I spoked with my case worker today and he said that it is up to the judge. So basically the court is telling me if gives HER 20.00 dollars to go to the movies, he can put that towards his arrears. I don't think is is fair. Everytime a child turns around they need money for something. He is stating that he was givin enough notice to go through domestic relations for her to go to the movies or whatever she mayneed the money for. He also has offered her spending money so she can go on vacation with her friend, he gave her 300.00 last september and now wants to use it for arrears. How can this be fair? My caseworker has stated never in his 25 years has he seen this. If it dosen't go through the system I though the law stated it doesen't count. However I'm told the judge is the law. So not fair. thank you so very much. My caseworker said I really don't have a chase without a lawyer, then again I though he is to represent my daughters rights.

Randi Joy Silverman

Randi Joy Silverman

Posted

I cannot imagine that there is any basis for the Judge to credit his arrears because he gave your daughter money for the movies, vacations, etc. If you have a hearing, you will need a lawyer to make sure that the court does not make an error.

Asker

Posted

Thank you so much for your advice. My caseworker stated the judge is the law and she can do what she wants. My caseworker told me to get an attorney. I cant afford one. He just took over my case at domestic relations and needless to say I dont care for his attitude towards me. He is not of help, his 25 years of doing this has obviously affected his passion for his job and the ones he is to be representing. I had a hearing and the judge is allowing him to submitt receipts of money that he had sent to me and our daughter for various activities. His attorney''s lope hole that is being used is that he did not have enough time to send the money to domestic relations. So he is allowed to submit receipts from the time I applied to current. Great lope hole. I wonder how many payers know that if they give their child 20.00 to pay for their religious book that 2- 3 years later can say Oh I wasn't giving enough notice so can I be credited for this. I'm sorry for going on. Thank you so much for providing your services in this way. You are truly doing God's work.

Randi Joy Silverman

Randi Joy Silverman

Posted

You may be able to qualify for legal aid services. Perhaps they can help you.

Posted

I agree with previous answer: credit is given only for direct payments to the Domestic Relations Office. Generally, direct payments to he child, however, would be treated as a gift, and NOT credited to arrears.

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