Question

[futuredust]

What is the name of your state (only U.S. law)? AR

Dad called kids last week and told them he was sending them money for their birthdays.

So today the mail runs and I get a money order, for 300.00, 100.00 for each child, as he told them they would get. Great, and all.. but here is the rub.

He put in the address line of the money order "child support". He told me last night he did this, and said well if they need school stuff take it out of the money I sent. They don't need supplies, but as I said to him, I thought this was their birthday money, thats what you told them.

So, he is worried about me filing a child support case against him, and I know he is going to try and claim the birthday money he sent the kids was child support because he wrote it in there. There is no way I would take this money away from the kids and he knows it. He promised it to them as a gift, but is trying to pass it off as child support. If it were in fact child support then I would not be handing them each the 100 share their father told them was theirs.

When I file child support, is this money order going to be an issue?

 

[LdiJ]

What is the name of your state (only U.S. law)? AR

Dad called kids last week and told them he was sending them money for their birthdays.

So today the mail runs and I get a money order, for 300.00, 100.00 for each child, as he told them they would get. Great, and all.. but here is the rub.

He put in the address line of the money order "child support". He told me last night he did this, and said well if they need school stuff take it out of the money I sent. They don't need supplies, but as I said to him, I thought this was their birthday money, thats what you told them.

So, he is worried about me filing a child support case against him, and I know he is going to try and claim the birthday money he sent the kids was child support because he wrote it in there. There is no way I would take this money away from the kids and he knows it. He promised it to them as a gift, but is trying to pass it off as child support. If it were in fact child support then I would not be handing them each the 100 share their father told them was theirs.

When I file child support, is this money order going to be an issue?

You know...I really wouldn't worry about it. If he gets ordered to pay any back support its going to be ordered to be paid in small increments each month, on top of the regular support, and this 300.00 will hardly be a blip in the overall scheme of things. Besides, he would have to do it on a consistant basis before a judge would take it seriously anyway.

 

[futuredust]

You know, honestly, I don't need his money. And I am so very tired of court rooms at this point that I am in no hurry to even file child support.

He called last night and said that 6 people were laid off where he works.. blah boo hoo blah. So yeah, even if I were to get a judgment, the likelihood of him paying is pretty slim.

I just know how sneaky and underhanded he can be, and I don't want this coming back to bite me later. I know its the kids money, they know it and so does he. And, as I said, he knows I would never take money from them, I consider it stealing. He and I have had many an argument over this, because he has taken the kids money on numerous occasions.

The kids have been looking forward to this, since dad failed to do or send anything for their birthdays. The local fair is in town starting tomorrow and they wish to go. I will not pay for the small one here in town, so they are excited to "take themselves". I plan to take them to the huge fair in September.. Which is why I want to make sure there is no issue before I cash this and hand them their money, minus the mandated amount I make them put in savings from all income they get. (30%)

*ETA- Besides, according to income charts, his child support would be three times the amount he sent. But if he gets laid off, his income will go way down... Just amused me a bit that he would even put "child support" on birthday money he told the kids he was sending to them.