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I’m Paying Child Support But How Do I Prove It? – Francisco

wife and I split and i have been giving her $700.00 every month but we came to and agreement ans did not take it to court or file for Child support

My wife and i just end it a 7 year relation i am currently paying her $700.00 every month for my 5year old daughter. this money is given to her cash we did not went thru court it was personal agreement. How can i protect my self if she want to claim she is not getting no money from me?

Francisco




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Steve Rhode

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6 Comments

  • This is a bad idea. By paying through cash on a personal (I’m assuming oral) argeeement, you have allowed yourself no protection from the exact thing you are worried about. First thing, stop paying her in cash. Pay by check, cashier check, or something that will leave a paper trail. Keep receipts of anything you pay for the child outside of the $700/month. Clothes, medical care, anything. Second, write up a contract detailing the agreement you have made and both sign it and get it notarized. Each of you needs to keep a copy of this.

    To be honest, from a legal standpoint, you cannot contract away the right to child support in most states, so even if you do all the above things, she can still choose to go to court at any point and your agreement could be tossed out. The court will likely consider what payments you have been making when determine a child support payment plan.

    When in doubt, seek the advice of an attorney licensed in your state with knowledge in family law. They can best advise you as to the potential repercussions of your agreement and any recourse she might have against you.

  • This is a bad idea. By paying through cash on a personal (I’m assuming oral) argeeement, you have allowed yourself no protection from the exact thing you are worried about. First thing, stop paying her in cash. Pay by check, cashier check, or something that will leave a paper trail. Keep receipts of anything you pay for the child outside of the $700/month. Clothes, medical care, anything. Second, write up a contract detailing the agreement you have made and both sign it and get it notarized. Each of you needs to keep a copy of this.

    To be honest, from a legal standpoint, you cannot contract away the right to child support in most states, so even if you do all the above things, she can still choose to go to court at any point and your agreement could be tossed out. The court will likely consider what payments you have been making when determine a child support payment plan.

    When in doubt, seek the advice of an attorney licensed in your state with knowledge in family law. They can best advise you as to the potential repercussions of your agreement and any recourse she might have against you.

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