MY son has 2 kids our of a previous relationship. The mother filed w state that he was abusive so they didn't go after him for child support. He was barely supporting himself. Now he has a good job and wants to contribute he has asked me to arrange payments from his checking account. How do I make sure he can get credit for the payments he makes of she ever decides to file for court ordered support?
He has a valid concern because the mother (or state on her behalf) can ultimately come back after him for up to 5 years of back support. If they do that, the court would give him credit for past payments made.
One option would be for him to go to court and get a child support order entered. Then he can be assured that he is paying the correct amount and is current.
If he decides not to do this, then he just needs to make sure he has documentation of the support paid. If he is writing checks, he can just put child support in the memo portion of the check. If it is an electronic transfer (and no place for a memo), then he should give her written notice (letter, email, etc) that he will be paying her child support. With notice and proof of payment, he should receive credit for payments made.
I am not aware of abuse being a reason the state would refuse to set child support. Even spousal/child abusers have an obligation to financially support their children. Are you sure your son's parental rights weren't terminated?
To answer your question, you must be able to document the support. I would recommend using money orders or cashiers checks---really anything that provides you with a documented receipt of payment. Some online banks offer payment services that will track transfer payments.
Ultimately, I would recommend your son have child support set (if it is not already). He can do so administratively or through the superior court. If he has child support set through the court, he can establish a parenting plan at the same time (again, if he doesn't have one already). Keep in mind, however, that the Division of Child Support can go back five years to get support in paternity cases (if the parents were unmarried). If he hasn't been paying support, the may require him to pay arrears for a significant period. Further, the support payment may be higher than he anticipates. A quick calculator is available here to give him an idea of what he would have to pay: https://fortress.wa.gov/dshs/dcs/SSGen/Home/QuickEstimator.
This response is for informational purposes only and is not legal advice. I am not your attorney, and you should not rely on this information to take any action or refrain from taking any action related to this matter. You should contact your attorney to obtain advice with respect to any particular issue or problem before taking action or refraining from taking action. Use of or reliance on this information does not create an attorney-client relationship between the attorney and the user or browser.
Your son needs to be protected with what he chooses to do with the funds he provides her. There is nothing worse than what a previous attorney stated: paying support for years and having the receiving parent claim he contributed nothing. The best course of action would be to file a petition to have the child support determined by the court. OR have DCS enter a child support order. DCS is faster and does not allow for many deviations. When entering into the support order, I advise having DCS provide collection services so its recorded when your son does pay.
Hope this helps!
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