My sons father owes about $500 on his back support and he gives me an extra $50 a week to get caught up. But I was wondering when he buys my son like cloths, school stuff or toys etc.. can he have it reduced from his support that he has over due?
2007-10-28 16:00:37 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Its never happened but if the case arises.. like If I say he needs new shoes or cloths can you help me out and he does. Im not sure if he can just use the receipts to get it reduced..
2007-10-28 16:34:48 · update #1
No he can't. He might try to, but it won't work. He decided on his own to buy gifts for your son. You didn't request that he do so on the condition that he could deduct the cost from his support payments.
Looks like he's try to win your son over with 'gifts' to make himself look like a good dad. You know better. He still owes you no matter what. Don't tell your son this, of course, but tell 'daddy'.
Good luck!
2007-10-28 16:14:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If YOU are not providing what the child needs in the way of food, clothing, shelter, school supplies, medicine, medical care, etc he can use that fact against you when the issue of child support comes up. If he has to buy stuff that you should have bought, he can probably make a case that you are not using the support money properly.
1. Make sure when you send the kid over to him, you send decent clothing in good repair. Make sure the kid has all the stuff he needs for school, medicines, etc. If you have properly supplied the kid with what he needs, the dad can not do an end run on you.
2. If the dad buys games, toys, etc, those are not needed and should be considered gifts. Gifts can not be subtracted.
2007-10-28 18:58:05 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
Ah, this question.
If your son's father signs the son up for ongoing violin lessons, or tutoring, or has to get a sitter because of conflicts with the work schedule, then these sorts of things can be deducted from his "net income" used to calculate how much support he pays. But the expenses have to be regularly made and obviously for the benefit of your son. Clothes and gifts don't count, unless there's some extenuating circumstance that would make the need for new clothes all the time super important (such as your son working as a model, or having some state of mind that caused him to destroy his clothes all the time - please don't be insulted, it could happen!)
Here in CA, a new support order can be made if a change in work status or expenses would modify current support (up or down) by $50 or more.
2007-10-28 16:45:39 · answer #3 · answered by Shell Answer Man 5 · 0⤊ 0⤋
I don't think so, but I may be wrong. You might ask a lawyer. Necessities for the child may count as part of the child support, such as clothing, food or school supplies, but definitely not toys. I think he would be committed to pay the back child support, in any event, but he could find out if the items might reduce his present and/or future child support payments, or be used in lieu of, or in addition to them. I really can't say how that works. You need legal advice.
2007-10-28 16:12:43 · answer #4 · answered by gldjns 7 · 0⤊ 0⤋
No. His court ordered responsibility is to pay child support. Anything else he does is his own contribution over and above. Now if you asked him to buy something and said you would reduce the support payment by the amount that item costs, yes, that could be credited. (Say the kid needed a ridiculous amount of money for soccer equipment or something like that.)
2007-10-28 16:13:14 · answer #5 · answered by Toodeemo 7 · 0⤊ 0⤋
No way. Unless in the original ruling, when it was made, it states as such. I live in TX and I am positive on our rules here. I still feel it is the same for your area. Check with your State Attorney Generals office on line if you feel you must. They will have a section on line strictly for child support questions. But, no way.... Is he trying to do this or are you just asking the question should it arise?
2007-10-28 16:14:40 · answer #6 · answered by moonstar 2 · 0⤊ 0⤋
Why don't you give the guy a break and deduct it from the support.Typical greedy ex wanting every penny the poor guy has.I'm sure his mothers meatloaf taste good when he's sitting on his Spiderman sheets he had in his room as a kid.
2015-09-09 19:41:21 · answer #7 · answered by ron 1 · 0⤊ 0⤋
No, The items he buys his son can not be deducted from his child support.
2007-10-28 16:05:24 · answer #8 · answered by ladybug 4 · 1⤊ 0⤋
No, he can't.
As a father, he is expected to help purchase the things his child needs - just as you are.
2007-10-28 16:04:25 · answer #9 · answered by Anonymous · 1⤊ 0⤋
I don't think so, but you'd need to check with the proper authorities to be certain.
2007-10-28 16:02:55 · answer #10 · answered by My Evil Twin 7 · 0⤊ 0⤋