how do I prove I owe nothing in back child support when I have paid through my check the whole time?

Question

I am being told I owe over $1000 in back child support yet I have paid through payroll the entire time. I have not missed work in that time nor have I missed a check. I had to pay $18 just to get my record of payment just to attempt to prove it. Now this will effect my credit and no one seems to want to help me the father. Everyone is there to help the custodial parent but who helps the other when they are wronged by the system? This is the second time now and I am at a loss.

Answer 1

Who is "telling" you? Who is claiming non-receipt? A state agency? The custodial parent? A family court judge?

File a motion in court -- get an order to show cause why an injunction should not be issued to "cease and desist". Ask for refund of your expenses.

You may be able to get a model form from the court clerk -- you can copy one from another case file.

Child support payments made out of channel (if being handled through a state agency) often are uncredited.

You need to get on top of this or you risk losing your driving license and passport.

Answer 2

This is what you do take a copy of your check up to the child support agency ( depending on where you live you can look in your phone book or in the web for the address) to prove you paid the balance. Second Have them type you a letter that states you paid the balance and then send it to the credit people. You can also talk with your place of employment where the checks come from and let them see where they took the money out.

Answer 3

There have got to be a few outlets, but unfortunately they may be costly or unavailable to you due to some unforeseen stipulation. Not sure if you've already considered them or not, but I'd certainly try talking with your employer about it for one. Another thing you may end up looking into is having your ex's financial records looked into, however, that route may be more costly as you'd definitely need a lawyer to subpoena that information. But, I guess if you're willing to take that route you may also try to take the ex to court for defamation of character; due to the fact that you're having to pay extra costs to solidify your innocence that will undoubtedly have an adverse effect on your credit. If this is causing you as much trouble as it seems, getting legal council may not be the worst outlet to pursue though. Seeing how this is the second time, there may be a larger propensity for this to happen yet again if you don't take some kind of drastic action to prevent it.
I don't know if this is what you're looking for or if it helps at all, but hopefully it'll give you some idea about where to go next. All the best.

Answer 4

You have to take your pay stubs with the amount shown being removed from your check from day one. They will have to add up what you have paid, and then add up what should have been paid to that date. But good luck! I had to go to court with my ex-husband cause they took him to court for failure to pay, when I had been getting it the whole time. The judge told the lawyer and representitive for the Child Support Agency that, "they had to be the most incompetent people that God ever put on this earth."
The judge dismissed the case against my ex-husband and appologized to him for the states incompetence and thanked me for being honest and willing to testify on his behalf that I had been getting my child support. And to make it even worse, he got another letter about 2 months later about the same thing, and when we went to court again, (with the same judge) the judge made the comment that the same type of problem had come up befor him on another occassion and he told that Child Support system Rep. that their system, sucked(I swear he said"sucked") and my ex-husband told the judge that we were that other case that he had heard befor and then the judge was really pissed at them and told them to get their "stuff" straight or he'd find them in contempt of court making us come in to court for nothing two different times all because they were to stupid to maintain correct records. Now after all this we are very vigiliant about keeping our own records about child support and we (my ex and I) work together on it to make sure they are getting it right.
You really are on your own with it, unless you can afford a attorney which if there is ANY way you can do it, I would suggest that you get an attorney to help you. Also try contacting your state representative and see if they will help you. As long as you can show that you are not behind in your child support and that you are being brought to court needlessly wasting tax payers money with a needless court case(not to mention you missing work and risk losing your job because of being out of work) they might be willing to help where they can.

Answer 5

Contact an attorney. You need representation. Unfortunately, the legal system is not perfect, and the man is sometimes wrongly thrown under the bus in some situations.

If you can't afford an attorney, legal aid (look online or in your telephone book) will represent you or point you in the right direction. The attorney can also help you get this taken off your credit report.

Answer 6

Hmm..Are there records that you can obtain through your job or bank that show that the money automatically deducted from your paycheck for the child support has indeed been getting to the custodial parent? My uncle had the same problem and he requested these records and presented them to the court. Good luck!

Answer 7

You can prove it if it was through your check, you need every single copy of the check stub. Its sounds like the record of payment will cover that, so what is the problem? Guilty until proven innocent?

Answer 8

Do a audit of all the checks issued for the support... You will have to go through your payroll who will work with the bank the $$ was issued from..

Answer 9

Well if its taken right out of your check, somebody has it, most probably the state your ex has gone through...I personally was on the other end...the mother...friends with my boys' father, I knew it was coming out, but they wernt sending it to me! So i talked with my, long time, layer, and she game me an outline of what i was to write out then send certified to the state..instead of her having to do it and i have to pay her to do it, she said sometimes they just need a small jerk in the behind...it was basic, with all info backing my acusation...sent it certified, they had it straightened out with in 6 months, and i recieved one lump some for around 1000...so i would try that, make sure its certified though, you have to have confermation they recieved it..

Answer 10

These social services or enforcement services are full of men hating women that want to mess with your wallet and head, best way is to just pay it and forget it. As far as your credit, they will mess with it regardless. You can't win, they have all kind of ways to do ya.