Amicable child support agreement, considered a gift in NC?


#1

My ex and I were able to avoid any courts at all. No custody, no child support, no court time at all as we were able to work it out and take care of it. split in 2009, ink dried 2011.

4 months from my daughter turning 18, the ex and I had a falling out and now she wants arrears based on what I make today. All this time, she has set the amount that she wanted and I have paid. I have emails of our communication on it but no “checks” as it has been paid via direct deposit from my work (that I voluntarily setup).

I’ve heard that since there was no court order, no filing, or no child enforcement involvement, all the payments that I have made over the last 5 years could be considered “gifts” and I would have to pay the full amount going back 5 years.

I have emails of what she has asked for…
I have an email stating, prior to June 2013 I had no rears due and was paid up to date
Since June 2013, auto draft has been setup…

What am I looking at here… can the court really say that the child support I have paid was considered “gifts”??
Can she really ask for full payments for the past 3 years even though I have paid?


#2

When you say “ink dried in 2011,” does that refer to your divorce decree or a separation agreement? If child support is set forth in a separation agreement, she can only make a motion to modify the amount going forward (which is unlikely considering your daughter is almost 18). You cannot retroactively change the child support amount if it was contained in a separation agreement.

If this agreement was an oral agreement, depending on the terms of the agreement and whether it is deemed valid, you could potentially owe some amount in arrearages. The amount owed would be the difference between the amount you have paid and the amount the judge orders - you will get credit for the amount you have paid so long as you have proof of payment (bank draft is sufficient). The court will consider either the amount set forth in the guidelines or expect her to provide her actual expenses over the past three years in making the determining the appropriate child support obligation.

There is no law stating that support payments are considered gifts if there is no order on child support. You will get credit for the amount you have paid as long as there is evidence of payment.


#3

[quote=“Lindsay Willis”]When you say “ink dried in 2011,” does that refer to your divorce decree or a separation agreement? If child support is set forth in a separation agreement, she can only make a motion to modify the amount going forward (which is unlikely considering your daughter is almost 18). You cannot retroactively change the child support amount if it was contained in a separation agreement.

If this agreement was an oral agreement, depending on the terms of the agreement and whether it is deemed valid, you could potentially owe some amount in arrearages. The amount owed would be the difference between the amount you have paid and the amount the judge orders - you will get credit for the amount you have paid so long as you have proof of payment (bank draft is sufficient). The court will consider either the amount set forth in the guidelines or expect her to provide her actual expenses over the past three years in making the determining the appropriate child support obligation.

There is no law stating that support payments are considered gifts if there is no order on child support. You will get credit for the amount you have paid as long as there is evidence of payment.[/quote]

Thank you for your response!

I do not have all the receipts for the entire time but I do have emails. I have an email dated last June that I was paid up with no rears from her. Would this be enough to satisfy the court?


#4

Also, I called yesterday to get details about a consultation with your firm and got a voice mail. I have not heard back yet…


#5

I can’t speak to whether the judge would find the email sufficient to prove you do not owe any arrears. It is within the judge’s discretion to determine the arrearage, if any, based on the evidence both sides present.

I checked with our client liasions and all calls from yesterday have been returned, but they were unale to contact a couple callers due to issues with voicemail. You should receive an email regarding your call shortly.