If you made child support payments directly to your ex before you were ordered to by the court, is that money credited to your case? Can you get it back from the ex?

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Benjamin Coleman Profile

Hold on... If you are already paying child support, why would a judge order you to?

Then there is also the fact that this is money that's going towards supporting your child. Why on earth would you get that back?

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Walt O'Reagun
Walt O'Reagun commented
To answer your first question ... it's usually because either the court deems the parent capable of paying more - or the parent is not paying consistently - or one parent does not trust the other, so wants a court order.
Walt O'Reagun Profile
Walt O'Reagun answered

Can you get it back?
I hope not.  After all, your ex was spending money on supporting your child at that time.  So you should pay for it.

Now, is that money credited to your case?
Probably.  If the court asked you to pay "back child support" or "arrears" - your lawyer should have shown evidence of your payments, so they could be counted.

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Rachel Dalton
Rachel Dalton commented
I was told monies paid before the order did not count toward case and I am worried they will charge me again for months I already paid.
Bikergirl Anonymous Profile

I am confused as to WHY you'd think you'd be deserving of getting it "back".  The money is support your child ... Ya lost me.

Rachel Dalton Profile
Rachel Dalton answered

I was told monies paid before the order did not count toward case and I am worried they will charge me again for months I already paid.

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Bikergirl Anonymous
That is why it is always wise to document all payments made so you have a tangible proof of what you have paid.
Bikergirl Anonymous
Use checks instead of cash .. If you have to pay by cash, get a receipt.
Rachel Dalton
Rachel Dalton commented
used wire transfer and have texts from her on almost every occasion demanding her "child support" and from me giving confirmation number when transaction complete. I am wondering why no payments made before court order count??
Danae Hitch Profile
Danae Hitch answered

Because courts are officious, that's why. I went through this crap when my husband (at the time) was supporting two kids by an ex-girlfriend. He paid her cash each month - she denied ever getting money from him - she took him to court. He was then court-ordered - so now it's all nice and official - to pay a certain amount each month.

I made him go back to her and have her sign receipts for all the money that he paid her in cash or we were going to fight this in court.

He then had to get an attorney involved so the courts would recognize payments made outside of the court order.

To sum up - you might have to engage an attorney to get this mess straightened out. Print everything you can as proof. Good luck.

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