Child support question:?

Question

Child support pmts. from ex- have to go thru courthouse from divorce decree-then mailed to me. Have not rec'd last 2 checks, called today to see what the problem was. Was told by clerk that they held my last two pmts. because on 12/27 she 'accidentally' sent me 2 checks for 112.00. She did NOT. I told her I rec'd one, NOT two. I asked her if she called their bank to verify, she had not. She told me to call back 15 min. later, I did, and she said the bank was faxing the one check to her. They had not rec'd the 'other' check she supposedly mailed me that day. She said the judge would not be in until Friday, and she had to follow regs. I asked her why she had not put a stop pmt. on the 'other check'. She could not answer that. The judge is supposed to be back Friday. I plan to be sitting there in the courthouse UNTIL they give me my money, am I right in this ? I feel THEY are in the wrong to deduct my money when THEY HAD NOT VERIFIED ANYTHING WITH THEIR BANK- HELP!

CATTLEMAN-
we are talking about MY money, what if someone done this with YOUR paycheck?
They had NO RIGHT to hold MY money WITHOUT PROOF OF WHAT THEY THINK THEY DONE WRONG.

1. My ex mails pmts. to courthouse ON TIME, they turn around and deduct 2.00 from pmt.s and re write their checks to mail to me.
2. The clerk of the court made the error, not my ex husband, he sent them the checks like he is supposed to do to them.
3. Courthouse clerk said she accidentally sent me two checks for the one pmt ex made of 112.00, how could anyone 'accidentally' write 112.00 two checks in a row and mail to the same person?
Some of you say to have patience, um, well, as a single mother and one income, we are talking about our FOOD MONEY and gas money for the next two week, what, wait until we perish for them to figure out, heh, they did NOT mail me two checks, duh, the bank only got one of them back that was submitted.

I know this is support for my child everyone, and is NOT my paycheck by any means, I only make 22,000 a year as it is. All extras clothes food etc come out of my paycheck all during the year and is WAY more than the 55.00 a week I get for support of my 12 year old daughter. 55.00 can only buy a pair of jeans and one shirt, maybe. Anyone thinking i can get rich off of 55.00 a week is nuts. i will seek about asking to have the court pmts. changed to another method if they will allow me to do so. to get a lawyer involved would be ridiculous, the bottom line, they are holding the child support and applied it to and ERROR they made AND CAN NOT PROVE.

Answer 1

I suggest you document everything, names, dates & times. Go to the court house in the domestic department and find out about getting free representation from a lawyer, usually is one day a week that this representation is available to you. If there is any fees they will be based on your income scale. Keep in mind that ALL lawyers by law are required to take one free case yearly.(meaning no charge to the client).
Receiving child support through the court sucks because the checks get to your hands late. My suggestion is that you need to specifically petition that you receive your checks at home by his employer. (this can be done).

Answer 2

its "child SUPPORT" not "child TRUST FUND". some dont quite get the difference.

and yes you are right on this one... but you must NEVER show your anger in court (makes the judges mad, thus bad for you). oh i have a very slippery ex and 4 kids, so i know what you mean about jerking the payments. but trust me when i tell you, i am all over it.

in the event you think the child support amount is wrong, payments missing etc, you can always request (in writing!!) an 'audit' on the account. makes 'em mad, but its your right.

they dont have the right to hold your funds unless they have a copy of the signed, cashed checks.

burden of proof is on THEM. demand (respectfully) to see copies or the judge see copies, of the cashed checks. bank statements prove nothing. a check for the same amount could have been cashed by one of them. they may claim not to get them (the checks), but banks will issue them a copy of any check for a fee.

they will eventually find the error and correct it (adjust the account to reflect what is owed), so relax.

it is exactly this reason (your situation) why child support is supposed to be sent to the state and the state keeps track sends you the money.

if you need legal help, contact your local legal aid office. every state has them and are in most counties. they go on a sliding scale, so its free to most. look in the phone book, call the county court clerks office or your states Bar Assoc for it.

here are some links to help you. one is a calculator; just click on your state and fill it in. the last few are to help.

stay calm, but stand your ground.
mom of 4

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

http://www.supportkids.com/
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/

Answer 3

Well, legally that lady has nothing to do with the accounting department. She has a bunch of forms she'll have to fill out and it will have to go though their accounting dept.

If you'd like, why not get together with your ex and work out a deal to get an automatic payroll deduction from his check, then you know the money will be there on time and they can't make that mistake anymore. You're best alternative is to set up an appointment and try to work it out with this so this does not happen again. That's what my second X did.

Answer 4

No sweetheart-your not wrong-but just remember that is not YOUR money-that is your children's money so make sure it goes for them-not your own personal use! Don't make the mistake of telling the court about "your paycheck" any judge won't take to kindly in the way you state that-sometimes you just have to have patience-the courts are dealing with lots of other child support too,not just yours-peace out!

Answer 5

stay on them my first wife and i got a divorce and ti didnt pay monthly child support but they took my tax check every year almost my entire adult life well my ex says she didnt recieve the money and tried to take me to court well when we got there the judge told her i had filled my responsibility and it was her job to keep up with the reciepts and case work numbers she hadnt done anything..get your records together and go get your money...

Answer 6

so sorry for this BUT sad to say that's how they work......had it where cos the could not reach me [daft cow did not use the correct address] and they returned over $2000.00 to the ex.........and was very indifferent over this..............

Stay very very much on top of them............make sure that you know the name of your case worker and ensure you get everything in writing.

Good luck and YES be at her office, but dont make a scene this might very well be the SAME judge you come before at a later date for adjustments

Answer 7

Imagine that, the govt. trying to screw someone over. If I was you I would raise he**. The woman obviously wasnt concerned because it wasnt her money that was affected.

Answer 8

You will only become more upset and annoy the people in the court system if you become angry and aggressive. They make mistakes just like you do, and there is NO EASY FIX FOR MOST PROBLEMS...ESPECIALLY TRACKING CHECKS. It will take as long as it takes and nobody there is trying to make your life more difficult.

Answer 9

ask for a statement of account this will settle the dispute