Can u still file for child support if your getting the funds for the other parent

Question

Im a little confused my husband son mother file for child support on him but he's been paying her volunteer since the child been born on the 1st of ever month in November on 2007 he stop because he didn’t no if he was the father then in February is back paid her and been sending her checks after that now he set up an allotment again so it can come out his pay again but she still file for child support he can prove he's been paying to what was be the out come of this will the judge dismiss it

She told me the reason she's filling because she wants it on the 1st like before ha does that make since

Answer 1

Did your husband sign the acknowledgment of paternity or has he been found to be the father in a court of law? If neither has happened, then he isn't the legal father.  As part of her child support filing, she will be asking for him to be determined to be the father, probably through DNA testing.

If he's not the legal father, he isn't paying child support, especially since it wasn't ordered through a court of law.  He's basically been giving her money as a gift.  The judge might or might not accept his proof of payment, and may order him to pay child support back to when mom filed for child support.

In addition, if mom ever got welfare or medicaid, and your husband is found to be the legal father, then he WILL get ordered to pay child support back to when she was on welfare, even if he was giving her gifts of money.  That's because the court expects parents to support their children, and not to have the public pay.  If he was giving her money and she was still on welfare, the judge will probably say that he was obviously not paying enough.

Answer 2

unless there is a record he paid he will have to pay what is owed.

you can get bank record going back a decade.

Answer 3

The reason a mother would file for child support would be to establish paternity and to establish the right of the child to his father's support.  "Volunteering" to support is not adequate, because it is not a predictable source of income and, if payments stop, it is unenforceable.

This may be less about past months than about the child's future support.

Your husband is correct to keep records and to bring them to court.

Of course, your husband has spoken to his attorney, right?  Going through something this big without the advice of an attorney may be very problematic.