Legal Question in Family Law in Illinois
I am in court currently for back child support. I believe my ex has sent the 20% of his annual bonus to my daughter in her name to help pay for a car for her. Now i need the child support so i can't give it to her. Now will the court consider it a gift or is it a valid way to pay child support? If let her keep it do i lose the child support or does he still owe me child support on the bonus?
2 Answers from Attorneys
Any money he sent your daughter is a gift. He owes you money for her support. If he was paying support via a Withholding Order and through the State Disbursement Unit, he does not get child support credit for any money paid directly to you or your daughter. Let your attorney or the court know about the extra payment but in my opinion this is nothing but Dadf's attempt to do an end run around you and make you the bad guy if you use this money for anything other than to purchase a car for your daughter. BTW, who does he expect to pay the insurance on the car?
i agree with the previous post. the money paid to your daughter is a gift if he was ordered to either pay it directly to you or to make the payment through the state disbursement unit.
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