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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Child support credit

Posted by: Dads Divorce

Question:

If the non-custodial parent pays ahead on child support to protect against arrears in case of financial difficulties, can the excess be used to offset an increase in child support payments until the excess is depleted?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. Usually no, but if you write up the Agreement to provide for it, then yes. I suggest you provide for it in any agreement that you make regarding the increase or present that issue to the court at hearing.
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