If a person pays child support via money order and actually puts "child support payments" on the money order but isn't through the court system, is it still considered a gift by law and if not will they have the same rights for visitation of the child by law. The payee currently lives in Virginia and the custodial parent lives in Georgia
2006-10-22 06:39:04 · 5 answers · asked by guestuser 1 in Politics & Government ➔ Government
Child support does not ever need to be paid through the courts unless ordered to do so. Typically the non-custodial parent simply mails a check to the custodial parent. Child support is not a gift, it is an obligation. Also, paying child support does not gurantee visitation rights. The divorce agreement should state what visitation rights the non-custodial parent may have.
2006-10-22 06:50:09 · answer #1 · answered by James 7 · 0⤊ 0⤋
If you are getting a money order that syas child support [payment on it, then that is what it is. The other party will be able to prove that child support was paid if it was ever visisted in court.
Custody is usually handled separately from child support, unless they are a part of the divorce. Visitation is something that the Judge will have to decide.
2006-10-22 06:55:46 · answer #2 · answered by Fernie 4 · 0⤊ 0⤋
It would help if we knew why you wanted to know - is this for tax purposes, are you trying to force someone to let someone else see their child, etc?
As far as for tax purposes, this would not be considered a gift. 26 U.S.C. s. 102(a) defines an exempt gift. Basically, the courts have ruled that for tax exemption, the purpose of the gift has to be detached and disinterested generosity. Since the person is specifically writing "child support" on the money order, it would not fall under a gift exemption.
2006-10-22 07:42:35 · answer #3 · answered by tivodan1116 3 · 0⤊ 0⤋
You need to see an attorney and let the judge decide. I don't understand " a gift by law" is the child the person giving the money? If it happen in Georgia it stays in Georgia. Check with an attorney.
2006-10-22 06:45:07 · answer #4 · answered by Good Grief 4 · 0⤊ 0⤋
As long as you have proof that you wrote child support and the other parent cashed it as child supprt it should count. As far as I know, child support and visition are two different things. But you need to see a family law advocate and get things put in legal terms or the other parent is going to screw you in the end!
2006-10-22 06:52:11 · answer #5 · answered by drammy22 4 · 0⤊ 0⤋