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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

  1. 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.

  2. 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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