Question: I bought the father of my child a vehicle for $900 to help him find a better job. We split up shortly afterwards and he gave me $100 for the car in front of witnesses saying it was for the car and not a gift. He didn’t help pay rent or bills and will not give me any money to help for our daughter. The child support is filed but it will take a while to be set. I asked him if he was going to help before and he said no because it would be considered a gift, even though it would be for his daughter. Is he correct and is there anything I can do to get the remaining $800 for the vehicle?
The Judge’s Answer: If you have an agreement regarding the car and the father of your child failed to pay pursuant to the agreement, you can sue him. In regards to child support, the court can consider the payments you receive directly from the father as gifts. However, sometimes, if the custodial parent signs an affidavit acknowledging receipt of child support payments, the court most likely will consider the monies the custodial parent has received as child support payments and give a credit to the non-custodial parent.