Can I get a credit on my child support when I have been giving the custodial parent money directly?

Published 03/17/2015 08:43 AM   |    Updated 12/06/2016 10:33 PM
Can I get a credit on my child support when I have been giving the custodial parent money directly?

Indiana law requires that all payments for child support made through the child support enforcement agency be credited as child support and any other payments made directly to the custodial parent be considered gifts.

In some instances, the court may allow for a credit or adjustment to a child support arrearage when it can be shown that the noncustodial parent made support payments directly to the custodial parent. But that is an exception to the rule.

If you would like the court to consider whether a credit should be given, you should gather all the proof you can that payments were made, and even an agreement by the custodial parent if possible. The court could reject the evidence and order that the support including payments on the arrearage be satisfied and paid through the court, and that payments made directly to the custodial parent will not be acknowledged.
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