Legal Question in Family Law in Florida
Credit for child support
I am the go between my sister and her ex. They never married but have been together for over 20 years. They have a 16 year old daughter. Sister doesn't work but he is a mason and makes 20.00 per hr. until they get a lawyer or whatever He is sending me a money order for 125.00 per week. made out to the daughter. Sis says because the MO is made out to the daughter that it is a gift, He says if he just made it out to sis it would be considered a gift. Who is right?
2 Answers from Attorneys
Re: Credit for child support
He might get a judge to buy the argument that he should get credit for the money he paid directly to the daughter, but the law is that the child support must be paid to the parent, not to the child. Most judges construe payments made directly to a child as a gift, and the appellate courts have tended to agree. She's right, he's wrong.
Re: Credit for child support
Is he putting on the "Memo" line "For child support"? If not, perhaps that may make it look, walk, smell and taste like child support. But, I would do it whatever way it takes to make clear to everyone what the money is for!
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