Gaithersburg, MD asked in Family Law and Child Support for Maryland

Q: Can my child's father send me money (memo:"child support") through Zelle, when we don't have an agreement yet?

My husband left in August. Since, he left he sends the same amount of money he used to for the mortgage of our house. Therefore, he hasn't really send money for child support. I have realized that when he sends money through Zelle (direct deposit to my account through the phone), it comes with a memo, stating that it is for child support. But, it is not. I applied to child support and it is in process. Will it affect my daughter's case that I have received this money for the past months, since we don't really have an agreement?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: What your husband calls his payment is not determinative. Your husband may be ordered by a divorce court to pay other forms of support in addition to child support, such as alimony, health insurance, and household maintenance and support. You should not be limiting your court action to a request for child support, nor should you be limiting your filing to the Office of Child Support Enforcement (if that is where you filed). It sounds as though you should be filing for at least a limited divorce, perhaps based on desertion grounds, and requesting a pendente lite award of alimony, child support and maintenance, plus an order for use and possession of the family home, and attorney's fees, until the divorce proceedings are concluded. You need a divorce lawyer.

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