Legal Question in Family Law in New York
Child Support paid in out of court arrangement
My divorce became final 5yrs ago. My ex arranged with me to use the child support to pay the child's school fees (she sends me the tuition bill at the beginning of each school year and I set up automatic withdrawal for the year from my bank account. School bus fare(I mail her checks made out to the bus company every month) and Life Ins.(Gets drawn from my account every month). She is now back to court demanding child support arrears over the last 5 years by denying she did not make any arrangenment with me to pay those bills. What are my chances of getting these payments made by me admitted for the past child support?.
2 Answers from Attorneys
Re: Child Support paid in out of court arrangement
Limited. A private agreement is not in exchange of the terms of the stipulation of settlement or judgment of divorce. But if you have full documentation of the payments made, you can argue that since these were not included in the divorce they should be considered in place of the child support. It is usually a long shot. YOU NEED AN ATTORNEY TO ASSIST IN THIS ARGUEMENT.
If you wish to discuss this matter further you can contact me at 516.746.4747 or at [email protected].
Joel R. Salinger, Esq.
Re: Child Support paid in out of court arrangement
If the agreement was not in writing then you have a very difficult task of proving why the arrears should not be enforced. ONce there is a court order directing how much and how you should pay, an oral agreement to the contrary seldom negates that. However, if you have receipts for all payments, that may have some impact. You need to hire an attorney. Feel free to contact me.
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