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Should accept money from spouse without "official"/court ordered child/spousal support arrangements?

Lancaster, CA |

I have moved out (it's been 2 weeks) with our 2 children. My husband handed me a check for $250.00 (with nothing in the memo). I am hesitant on cashing the check as there has been no filing for a divorce (as of yet) and NO temporary child/spousal support arrangement(s) made prior to me moving out? By cashing the check, is this accepting a informal payment arrangement? If I cash the check, is this possible my spouse can use this against me in court?

... I am planning on sending it back to him.

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Attorney answers 3

Best Answer

Acceptance of the check and cashing of the check will not mean that you have accepted any formal payment arrangements for child support. Child support is set by a formula already in law based upon each person's income, time of the children with the non-custodial parent, and other factors. The court uses a Dissomaster program to set statutory child support monthly. You are free to use the check for your current child support needs. I suggest that you file the divorce papers immediately and request a hearing on child custody, visitaiton and support ASAP.



Will do.... thanks agian.


Never send money back. Child support is an obligation that runs from your ex to the child. It might be an overpayment, it might be an underpayment. Keep it.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.



But even when there is NO child support/spousal support arrangement currently? It is definitely NOT an overpayment because he has never wanted to "get the judge involved" in this divorce. Ofcourse I will file for child and spousal support (15.5 years of marriage). Just wanna make sure.... thanks again.


Don't send it back. Keep it and be grateful that your spouse is willing to start payment without a court order. Once the divorce process starts and the child support amount is established through the proper channels then you may start receiving less or more.

Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case and should not be relied upon as such. My answer to you did not create an attorney-client relationship. James J Bagley Whaley, Bowie and Bagley LLC Providence, RI 401 454 7700



Thank you... I was not ungrateful at all. I am just NEW to this on all levels and did not want to have to put my foot my mouth later. Thanks again.

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