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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37621
Experience:  I provide family and divorce law advice to my clients in my firm.
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Hi, I recently split with my boyfriend (about 6 weeks) . We

Customer Question

Hi, I recently split with my boyfriend (about 6 weeks) . We were together for almost 7 years and have a 3 year old daughter. He was kicked out of Navy after 18 years 10 months and lost his retirement. After his appeal he recieved an honorable discharge and was awarded back pay for the 1 year and 2 months plus owed retirement. When he received this large sum (about 70K), he gave me 15K. We agreed that it was to help me get through grad school and I was going to invest it. However, he is now renigging and insists its child support and he doesn't have to pay. We were trying to do this amiably, but now I am planning on filing for support. Am I wasting my time? Will the court tell me this 15 k is support? He did not notate on the check and it was a gift.....
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 3 years ago.
Yes, thanks...
Expert:  Dimitry K., Esq. replied 3 years ago.
Great, thank you for your patience and for consenting to the terms above.

Without anything on the check, it becomes your word against his that this was child support. Since you were seeing him at the time, it makes it less likely that this was for child support simply because parents generally do not make sure sizable donations to the other parent. While I cannot predict how the courts will perceive it, barring any evidence to the contrary I really do not see how a judge would see that money as support, although if you are pursuing him for past funds, it is likely that this money will go partially towards whatever arrears that he may owe you, simply as an equitable decision.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 6:46 AM EST
Customer: replied 3 years ago.
I am not trying to obtain arrears because we were together. However, I do want future support and specifically, my concern is if a judge could, or possibly would say, " He gave you 15K, you are good for 2 or 3 years or whatever time frame...."?
Expert:  Dimitry K., Esq. replied 3 years ago.
Oh, I see. Thank you for your follow-up.

No, support does not work that way. Since you never pursued support before, it begins to work from the date you file (unless you demand past support), and past deposits or funds simply do not count towards the future payments. That means that the $15,000 he provided to you will, at worst, be considered for PAST child support, not future payments.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 7:03 AM EST
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37621
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Great!!! I kind of figured that, but wanted some guidance before I opened this can of worms.

Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome, and quite happy to help. Good luck to you!

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