Legal Question in Family Law in California
What is the case law Jackson credits for money paid directly to parent.
When a non-custodial parent pays money directly to other party, what case law apply if at the same time she was receiving public assistance. I hear the term Jackson Credits. The other party never knew that she was receiving public assistance until the child support division file for repayment.
1 Answer from Attorneys
Re: What is the case law Jackson credits for money paid directly to parent.
If the custodial parent reported the money that you paid then it may not help you. If the custodial parent did not report the money received from you she committed welfare fraud and perjury. This may result in a reduction of the amount of support your have to pay. The procedure is for the court to set support based on income of the non custodial parent and the per cent of visitation. If the support ordered is greater than the welfare payment then the custodial parent recieves the excess. If the court order is less than the amount of support then the county pays the difference.