Getting Credit Where Credit Is Due: Post-Separation Financial Support For Your Children
Frequently there is a gap between the date a husband and wife physically separate, the date one of them files a complaint for divorce and the date the superior court judge assigned to a case enters a temporary child support order.
Here are some tips to protect yourself against being assessed child support if you have continued to support your children after you and your spouse have separated:
• Try to reach a temporary agreement about how the children will divide their time between both parties, put it down in writing and have both parents sign the agreement. If one or both of you have attorneys, they can help you with this process.
• If it is clear that you are going to be the non-custodial parent for child support purposes because you have fewer than 110 overnights a year, calculate the amount of your child support and begin making payments to your spouse on the first day of each month after you have separated. Make sure that you write “child support” in the memo box.
• Save all credit card statements, receipts, bills and other written proof of payments you make for groceries, utilities, medical expenses for the children, clothing for the children and activities for the children. Make sure your attorney knows about these payments so you get a credit for these payments against any back child support, which you might otherwise owe from the date of separation forward.
If you and the other parent have not been married, but you have lived together be prepared to provide your attorney proof that you lived together and provided financial support for the children. Finally, if you and the other parent have not lived together, but you have provided financial support for your child/children, you should be prepared to provide proof of the financial support. In either case, the tips in this post can help you protect yourself from paying child support during a time you were supporting your children.
