what do you do when you paid your child support in cash the last 4 years?

Question

then the mother of the child decides to get mad and turn it over to child support enforcement and says your 11,000 behind!! when you know that is a lie !! what a mess!! but my brother trusted her and there was never a problem before.

Answer 1

Does your brother have ANY records? Any receipts? Does he have a bank statement that shows withdrawls that are the same dollar amount each month? Does he have any witnesses that can state they were with him when he gave her the money? Can he talk to her about going with him to the state? He can contest, but with no evidence his pay will be garnisheed

Answer 2

Sorry to say buddy....your brother has just said good-bye to four years worth of payments!!! Unless he has a money-order receipt, check, moneygram, a signed contract for payment received, or something that leaves a paper trail, there is no way to prove it (unless she changes her mind and agrees that you've paid it in front of a court, judge, attorney, etc.). Otherwise, he may have to take it as a "loss". I know it's hard to swallow, but that is the price to pay for not having some type of proof that payment has been made. Just think: Would he pay his car payment, house payment, or insurance without having something to show that he's paid it. Child support....No proof...no payment. If it's not documented, it's not done. By the way: Even if he could get bank statements with dates on them, they would only show that he had taken X number of dollars out of his account, but it still wouldn't show what the money was actually used for. So, this would not stand up in court either, even if the dates were the same each month. He has to have hard evidence of the money or at least someone who has seen him give her the money and willing to testify to such.

Answer 3

Wow. Important lesson learned there. Never EVER pay support in a way that is untraceable. Vindictive exes will happily force you to pay twice.

Unless you can prove you paid it, you may be in trouble. Plead your case to the enforcement people, get an attorney to help you (if she deposited the money into a bank account, your attorney could subpoena the bank records and look for the transactions). If you made withdrawal from your bank account in the amount of the support on a regular basis, that may support your position. This is a case for an attorney to handle. At least you stand some sort of chance with an attorney. Without, you are probably SOL.

Answer 4

NO ONE would pay child support without a receipt or some proof of payment!!!

That's an $11,000 dollar lesson learned.

And I bet he'll never do that again.
Always pay and get a receipt...if he cannot directly deposit into an account (banks will give a receipt of deposit), then at least keeping the money order register as proof is a good start.

Answer 5

never ever trust a woman!!!! i ama mom of two stepmom of one and my husband thank gd has custody and she pays him child support. but before all this ever took place it was a roller coaster ride. first off how much cash we talking? anytime he ver took it out of his atm? to show on his bank statements? did he ever write anything down? like a promisory note!! anyhting to justify he paid her cash? this is very hard to prove. now how long the been apart? does he recently have a girlfriend or did they split and he left her? see all these things u need to consider because women are vindictive. i used to tell my husband all the time and he say no things are cool sure enough she went nutz one day his ex and thank god the judge saw what a terrible person she is and gave my husband custody and how she treated the child horrible!!!if he just handed the cash over to her was there anyone ever present in the exchange? always remember receipts!! get money orders!!!! these are the best defense against any ex women with child!

Answer 6

oh wow, sorry to hear of this situation. I'm not sure what can be done to prove the payments were made. My ex pays in cash but I always give him a receipt. That way we are both protected if things get ugly. I'd suggest he get an attorney and see if there's any way to prove the payments where made. Bank statements or something from the ex showing she made regular deposits.

Answer 7

Proving you gave money is not usually enough. It must be a receipt for child support. If not, it is considered a gift and you still have to pay money as child support on top of it.. Always, always, pay your child support to your Child Support Enforcement Agency. Never, never, pay it directly to the recipient.

Answer 8

Unless there is a paper trail that proves the payments were made, I'm afraid there's probably nothing your brother can do. He could always try to have witnesses who know the payments were made, speak on his defense but usually any witnesses would be family members and that doesn't really count as well as an unbiased witness

Answer 9

No receipt? Duh! Hello?

Hopefully your brother doesn't sign blank checks or contracts either. ayayayyy

The only suggestion that I have is that he gets together all of his bank statements for the last 4 years. Bandks DO keep this records and they will print it for you for a small fee. If he withdraw money in from the bank or the ATM machine consistenly on the same date and the the same amount, that is admisible proof in Court. He has to provide evidence of payment and he had to get the money somehow.



Good luck

Answer 10

Oh man he is screwed...NEVER NEVER give cash to an ex for anythinggg...especially child support...unless he has receipts to show the courts, for everything he's ever given her, he'll have to pay the 11,000 their telling him he's behind now...what a crock, yes. But that's our judicial system for you.