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Can a credit be applied to child support arrears from money paid outside the agreement?

Q: My daughter is now 21 & even though I am still in arrears I pay support every week more than my order to try & make a dent in what I owe. My daughter is a college student & I have been paying her rent on the side for about 2 years, Even though I make steady payments + my daughter’s rent my accounts have been wiped out & I can’t keep getting wiped out & having no money for myself to live. Is there any way the rent payments for my daughter can be applied to my support arrears? I can prove payments that are paid out of my bank account monthly.

A: David’s Answer: You cannot do so retroactively – unless the custodial parent agrees to credit those payments. Going forward, if you have the money for the rent left over after paying your other bills, you should apply it to the support arrears – unless the custodial parent wishes to agree otherwise. Call a Bronx Child Support attorney for more info.

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