ok this is a little strange. my husband's ex wife pays child support every 2 weeks 100.00. well now she has gotten a second job and for some reason they are takin support payments out of both checks. I know that is not allowed by law but we have called the department and they say that it has been deducted from her overdue child support and that we should cash it a keep it because it was taken from the total. now she says that she is not behind and that we need to cash it and write her a check for the additional payment. if it is taken off her over due amount wouldnt that be cheating the kids out of money they are rightfully owed?I have have talked to this department twice now and both times we were assured that she is behind and we should keep the money. I just don't know what to do, she is being very hatefull about it all.
2006-07-14 05:44:47 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Keep the money. If she really believes it is being paid to you incorrectly, she can petition the courts. The Child Support people will come and explain exactly how they got their numbers. You will barely even have to speak.
If you are really worried, keep some amount in a separate account so that if the court finds in her favor, you can pay some portion back right away. Otherwise, all the court will do is reduce her future payments until everything evens out. The court usually won't make you repay a lump sum.
2006-07-14 06:13:02 · answer #1 · answered by Loss Leader 5 · 6⤊ 1⤋
I dont know what state you're in, but you should be able to go the state website (we can in OHio) and they may have a link so that you may see what is owed, and when the last payment was made. Or if you go to the local child support office and tell them you want a print-out of payments, it will have on there what is owed as well. It is a good idea to get a printout of payments every six months or so, so you know what is right. The other option for the ex-wife would be for her to request a mistake of fact hearing, in which she would have to show proof that payments were made. Remember, any thing she buys for the kids, or gives directly to your husband is a GIFT and does not count towards the arreages.
2006-07-14 12:52:49 · answer #2 · answered by Ms Pepsi 3 · 0⤊ 0⤋
Contact Support Enforcement in your state. They are the ones deducting the moneys from her check. You DO NOT write her a check for anything. Everything needs to be handled through Support Enforcement, also ask for a detailed listing of the account in question. This should answer any and all questions if she is in arrears or not.
2006-07-14 12:50:43 · answer #3 · answered by Kati 2 · 0⤊ 0⤋
You've gone to the department twice now and received the same answer. It is her turn to go to the department and provide proof that she is not behind.
Until then, cash the checks and hold the money in case it has to be returned due to error.
2006-07-14 12:50:04 · answer #4 · answered by JAMMco 4 · 0⤊ 0⤋
you need to get the lawyers to write up what is really going on, if she owes or you owe. once it's in writing then there are no gray areas. get a history of payments or something. you may need to get a mediator to help with this
2006-07-14 12:48:45 · answer #5 · answered by lulucakes32 5 · 0⤊ 0⤋
More importantly, did you take your 16 month old to see his doctor? You should with the symptoms he was having. Please see my other answers to Heart questions!
2006-07-14 13:47:00 · answer #6 · answered by Lisa N 5 · 0⤊ 0⤋