Can I Count My Christmas Gifts as a Credit Towards My Child Support Payment?

With the holidays approaching and many people spending money on gifts for their children some people may be left wondering whether they can count the money they spend on Christmas gifts as part of their child support payment. The short answer is no. The family code states that any order rendered by a judge after 1994 shall order that child support be paid through the state disbursement unit. In addition to the specific provision of where to pay child support each month, most orders include provisions that state that any payments or gifts made outside of the money paid to the state disbursement unit each month shall not count as a credit against any child support that is owed.


Child support is supposed to be set in an amount that is in the best interest of the child. The amount is based on the needs of the child every month. Those needs include food, shelter, clothing, and other basic necessities that are required to raise a child. A gift at Christmas does not change the fact that those needs for the child still need to be met that month. Basically, it is very unlikely that a Christmas gift, no matter how practical or expensive, will be counted as a credit toward child support that is due. Child support payments should always be made in the manner that they are ordered to be paid.


If you have any questions regarding child support or any family law matter contact Guest and Gray and we can schedule a time to discuss your issue and let you know your options.

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