Legal Question in Family Law in Indiana
Can the non-custodial parent use receipts to Show Cause, in not paying child-spp
My ex-wife was ordered to pay c.s., she has been currently summons to court to, Show Cause. The children live with me 9 mons. out of the year and have 3 mons. visit throughout with their mom. Now she says she can use receipts as payments for c.s. but the items on receipts are still in her home. Can she legally use those receipts in front of a judge if she doesn't have custody?
2 Answers from Attorneys
Re: Can the non-custodial parent use receipts to Show Cause, in not paying child
Ohio law and the Courts generally hold that any amounts not paid through the child support enforcement agency is a gift. Merely buying things for the kids will not suffice for child support. Basedon what you said you should win your motion.
Re: Can the non-custodial parent use receipts to Show Cause, in not paying child
Are you saying that she has receipts for items that she bought for the kids and that she's saying that that's a substitute for the court-ordered support she's supposed to be paying?
If that's the case, the judge will probably have to laugh at her.
That's not how it works.
Pardon me for saying this, but your ex is not a rocket scientist.
Anything she buys for the kids on her own are considered gifts, not support. Support is to be paid to you, period. End of discussion.
Sounds like you're going to win your contempt hearing!
Best of luck. Let me know if you have other questions. OK?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
