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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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If I was paying voluntary child support payments and then ...

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If I was paying voluntary child support payments and then was assessed for child support by a california court or the california child support agency (if that's how it works), would my previous voluntary payments be counted as partial payment towards any back-assessments and/or would any overpayment then be refundable? How far back in time can child support be assessed in california?
Submitted: 6 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature.

Could you please clarify for me on what date the CS order came through and on what date each monthly ordered payment was to beging?

I look forward to assisting you.

Sincerely,

Stephanie O. Joy, Esq.

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.

Customer: replied 6 years ago.
Thanks for asking me for more clarification Stephanie. I'm just trying to establish what the law would be if I decided to pay voluntary payments in the future and was then subsequently assessed for payments.
Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

You are smart! And I appreciate your planning, because many a payor can be trying to do the right thing, only to have it disregarded by payee in the future. Generally, your past payments will have no effect on future obligations, as the past has its own moral obligation for child support from both parents (I say moral, because you are not violating any Court Order until there is a Court Order (but see caveat, below). However, generally there will be no arrears owed at the time of a first time Court Order, as arrears arise (??) when you fail to pay monthly court ordered payments in full each month (again, if your child received welfare, different story). Thus, you can voluntarily pay what you think you morally and responsibly should now. I strongly recommend that you NEVER give cash, always give it in check, and notate on that check that it is for supporting "johnnie" or whatever. Keep EVERYTHING nearl forever :)

Caveate: In California, the CSE agency may file a civil action to recover back child support for periods in which the child received AFDC even though you weren't necessarily on notice previously.

One of the most significant differences between a welfare case and a nonwelfare case is that the nonaid custodial parent is not able to obtain a retroactive child support order for periods of time prior to the filing of the civil action for child support. Unlike the welfare case where reimbursement for prior welfare payments can be set retroactively, child support in a nonaid case can begin only from the date the complaint has been filed.

Here is a link to the child support guidelines information for Calfornia. (https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator).

Good luck with your decision - for the record, I think giving CS now is good thing, and your child will never have to look back and know that you refused to support him back in the day. However, take a look at the guidelines - you may want to consider staying within them and not going over now, in any event. On the sly you can always save money for you child in your own way, that you can give to him much later, if you feel you have extra to give. You give it to the custodial parent now, it will be likelly spent for whatever b/c it is there - you save it, earn interest, etc. and it could be a nice form of help when the child is 18, 25, whathave you, or even for IRA purposed and his/her retirement next egg! Just a personal recommendation for anyone with excess :)

I hope you have found this information informative. If you need clarification or follow to my Answer, please let me know. Otherwise, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and so that I may receive credit for same from the company and so that you receive appropriate site recognition for accepting expert answers in a timely fashion. Your promptness is greatly appreciated. Positive "FEEDBACK" and BONUSES are also appreciated. In addition, if you have future legal questions, please feel free to ask me directly by including my name "Stephanie Joy" in the body of your subject.

Sincerely,

Stephanie Joy, JA Legal Expert

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.

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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11845
Experience: 19+ Years of Legal Practice in Family law matters.
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AlexiaEsq.
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