When a divorce is complete and one parent is awarded primary custody of any children of the marriage, the non-custodial parent is often ordered to pay child support. When those payments begin, there can be confusing issues that arise when a non-custodial parent offers gifts or other forms of financial help to the child or children. One such case recently made it all the way to the Ohio Supreme Court, which answered the question in that state.
Specifically, a father who had been paying child support for seven years after a divorce was finalized stopped making payments for what he claims were justifiable reasons. Since those payments stopped, he had sent his child cash and gift cards for different occasions, and he wanted those gifts to count towards his child support obligations. The Supreme Court, in a unanimous decision, stated that these types of gifts did not constitute child support payments and that they should not be counted as such.
As stated above, there are different types of gifts and different types of financial help that a non-custodial parent can provide for a child, and many questions can arise as to whether this type of help would constitute child support payments. One thing that should also be gleaned from this case is that stopping child support payments, even for what is believed to be a justifiable reason, is not an advisable step to take.
San Diego Child Support Lawyers
While child support orders are a regular issuance by family courts in California, that does not mean that circumstances do not substantially change in the future. People who encounter these changed circumstances do have rights that could include the modification of child support payments, but this effort needs to be made in a proper manner so that the parent paying support does not encounter legal trouble.
If you are in this type of a position and you need legal help, seek the assistance of San Diego child support lawyers who have been working with fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.