Will financial support prior to court order be considered?

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Will financial support prior to court order be considered?

A month ago, I found out that I have a 9 month old daughter. The mother could use support now, and I feel morally obligated to pay it, and have no problem doing so. However I don’t want to have to make these payments twice if I get slammed with a retroactive balance. We are going to take the legal route, but I have no idea how long this can take, as I am not yet legally bound by a paternity test as the father. If I provide support now, what are the chances of that support being considered in possible retroactive payments, or in calculation of the child support amount to be determined.

Asked on September 14, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is best asked to an attorney in your area  In many states voluntary child support payments are considered in calculating back child support.  It does not seem fair or equitable to penalize someone  who is stepping up to the plate with out a court order in place to take care of their child.  So I would do as you see fit but I would make sure that the payments are documented and that you have receipts for them.  Look at the child support guidelines in your state to get an idea about how much (generally 17% or your income).  COngratuleations and remember to nmake sure that you have a visitation order in place as well.  Good luck to you.


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