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If I mail her child support directly ...will the monthly money I send her be considered a gift?

Joplin, MO |

Also child support has ended. We have agreed to continue he hasnt graduated from high school yet. If I mail her child support directly and make her sign and notarize a letter of our agreement...will the monthly money I send her ever be considered a gift and not a child support payment? I just don't want the courts to ever say that money is a gift..

Attorney Answers 1


  1. Always mark the check child support and keep a copy of it as proof! Do not depend on her to be honest.

    I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

    In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..

    I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
    Do you want your current or ex-spouse to know or hire me first?

    In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).

    In Community versus Separate Property, considerations include tracing the funds, and how profits are made.

    If you like my post, please mark it as “best” or “helpful”

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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