Virginia-child support without order, gift?

Is Virginia a state that considers child support moneys paid without an order, a gift? My boyfriend pays every month but there is no order, and I am afraid she will go after him for the money again, if its considered a gift.

Without a court order, the non residential parent is not legally obligated to pay child support.

I hope he's keeping up to date and accurate, thorough records of each and every payment he makes. If she does go after him in court, she cannot collect on money he's already paid her. This is where keeping records will come in handy.

[Gbyte]

That would depend on who hears the case. Its my thought he SHOULD be paying through the system or risk having to double pay. The ask an attorney section would be the best place to pose this question.

It does not depend on who hears the case. In all 50 states, until there is a court order, a father who has not been established as the biological father is under no LEGAL obligation to pay child support. A perusal of the state laws will confirm this.

"To collect child support, you must have a court order from a divorce, marriage dissolution, establishment of paternity, legal separation, etc. A court order is a legally binding order issued by a judge. Without it, the other parent has no legal obligation to pay child support. If you don't have a court order, you can get one by contacting your local child support agency and requesting an order. You can also hire an attorney to get a court order, or represent yourself in court."

The first response was correct. He should be keeping records of his payments so he can show he has been paying all along. That way, when it goes to court, he can show he's already behaved in a responsible fashion toward his child and will not be forced to pay "back" child support. The court will take his non obligated payments into consideration and rule accordingly.

[Gbyte]

He could also have to pay double. He should consult with an attorney or ask to the ask an attorney section here. Anything I ever read says it must be paid through the system or could be considered a gift. I think it's a risk.

From what I have been told FROM CHILD SUPPORT OFFICE..... it doesn't matter how good your records are that you keep if you pay any money without a court order it is a gift UNLESS the one fighting for child support says that you have paid. Even with PERFECT RECORDS you WILL have to pay again if the other person wants to be not so honest. TRUST ME I KNOW!!!!!

Originally Posted by Gbyte He could also have to pay double. He should consult with an attorney or ask to the ask an attorney section here. Anything I ever read says it must be paid through the system or could be considered a gift. I think it's a risk.

are you serious??? do you actually think all CS is paid through a system?? if the guy writes her a check, or money order with childsupport in it, they WILL and i repeat WILL count this as child support. in fact if he has bank statements even if cash he can send her a demand letter of evidence of her financials and she WILL have to provide this and if they can match up deposits to withdraws they WILL count this as well.

Originally Posted by Unregistered From what I have been told FROM CHILD SUPPORT OFFICE..... it doesn't matter how good your records are that you keep if you pay any money without a court order it is a gift UNLESS the one fighting for child support says that you have paid. Even with PERFECT RECORDS you WILL have to pay again if the other person wants to be not so honest. TRUST ME I KNOW!!!!!

FALSE the office of child support is not a judge, and a judge is who decides what counts and what doesn't. and if you have record of payment a judge will not deny those records of evidence. ASK ME I KNOW!!

[Gbyte]

Depends on the judge...OLD post as well...

[MenRparents2]

As long as it is clearly stated as a child support payment it will be accounted for and the other parent is aware that they are cashing a child support payment. I mark all my bank counter checks as "October 2009 Child Support". If it is mailed send it certified mail and keep the reciepts of delivery. If he cannot clearly define that his payments have been made and recieved he will more than likely have to pay from a backed date.

I am responsible for making a monthly payment ordered or not. I am also responsible for making sure that she gets it. I am not responsible for her cashing it, how she spends it, or anything else except to prove I have paid on time. No judge will overturn solid evidence, because "he said she said". If so appeal it, but it won't happen. Atleast not justly!