Recently I have entered into an agreement withy daughter's father that he must pay half of her expenses. He has been sending his payments through the State Disbursement Unit which already handles our child support. Are those additional payments keep separate from child support or added to what he owes on back-support? He owes about $800 and I don't want him making these payments this way if the unit is going to count then as extra payments on his owed support.
The SDU will probably credit those payments toward arrearages unless there is a very specific order to the contrary.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
The order that was entered should provide how these payments are to be made. The SDU is a bureaucracy. They don't always get it right. You can call to see how they are handling this situation. These payments should not go through the SDU if they are not a sum certain. If the expenses are a set amount and can be put in an Order for Support the SDU should be able to keep track. But they will deal with gross numbers. You should keep track yourself and not rely solely on the SDU. If the amounts are always different, it is best for these payments to be made directly to you. If your Order is not specific on the payment path, it may need to be amended. Take your Order to a family law attorney for review. Many give free consultations.
The SDU only processes child support payments. If there is a court order or judgment indicating that he must pay half of her expenses such as extracurricular, daycare, etc., then you need to file a Petition for Rule to Show Cause. This type of Petition alleges that the father violated a court order and as such, a Rule should be issue and he should be held in contempt. I would definitely recommend speaking with an attorney regarding your situation. If the Judge finds he violated the court order or Judgment without a valid reason, then you may be awarded attorney's fees.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline