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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I am currently making arrangements to pay me ex wife child

Customer Question

I am currently making arrangements to pay me ex wife child support backpayments from 2010 2011 and 2012 i have not missed a payment since beginning of 2013 the total amount is 21000 i am going to pay that in full on 8/1/15 however while reviewing all of
my payments i noticed a paid 8000 to her back in 4/2008 6 months before the divorce decree and child support addendum was served and signed it was from a joint account that had 10000 in it i paid her this because she had told me that it would be part of the
divorce decree which it was so my question is since there is no proof it was paid because of the divorce decree order or child support could i just say that it was intended to pay ahead my upcoming child support it was paid by check and says nothing on the
check to say what it was for
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardAny money you paid from a joint account before the child support was issued, will not be included - unless The money was paid from the date of filing. Then the amount would be applied toward child support. Though you will need to prove that the $8000 was for child support at that time. Of course, since it was from a Joint account she would be entitled to her share of it anyway and that could be argued that the $8000 was her share of marital property and not child support that had not yet been court ordered.
Customer: replied 2 years ago.
Is not paying for something ordered in a divorce decree worse or same as paying something ordered for child support becasue i just found out i was the only person on the account with the 10000 and have proof that there was emails to my ex wife that this money would be paid in advance of child support i know its 6 of one and half dozen the other but would i be in a better positin owing back child support or not adhering to divorce decree
Expert:  Samuel II replied 2 years ago.
Thank you for the clarification.
Yes, you can try to have that $8000 applied. You will bring up the information and request your check be introduced and marked as evidence and request the court to consider that in the determination

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