State, Department of Revenue ex rel. Cherta v. Cherta

The Department of Revenue (“Department”), on behalf of the former wife, argues that the lower court erred in granting the former husband a credit against child support arrearages for cash payments given directly to the parties’ minor child and/or the former wife’s mother. We affirm.

The Department asserts that all of such payments must be deemed gifts which cannot be used to set-off the outstanding support. While it is certainly true that unilateral payments made voluntarily and without authority of court by the non-custodial parent to or on behalf of a minor may not be credited against child…