she has now raised in court that I was not paying her the full amount since 1995. Therefore asking relief of her child support payments. I've paid her every month since originally ordered, but do not have all the canceled checks, money orders on record. Is it her duty to supply proof that I did not pay her like she claims? What can I do to show proof that I did make the payments & also made additonal cash payments to her? This the first time she has raised the issued and if she had problems with the child support then why didn't she asked for help ie Child support services, DA? How long can they go back if child support was not an issue then until now since she's the one paying me child support? Does she have any legal recourse for raising the issue now? We also had a verbal agreement that part of my child support I was to give to her be held in mutual funds for our son's college, in which I've contributed to since the agreement...
2007-02-26 00:38:59 · 10 answers · asked by maspika00 2 in Family & Relationships ➔ Family
Yes, she can. She has every legal right to sue you. And since you cannot show proof, she will win.
You have to understand that since she was the one receiving the money, she has nothing to prove; you do. If you walk into court without all the canceled checks, she will be able to get anything she wants, including the children.
2007-02-26 01:17:00 · answer #1 · answered by A dad & a teacher 5 · 0⤊ 0⤋
Ok.. 1. now its not her job to prove u didnt pay its ur job to prove that u have, so that part u may get screwed on. But bring all proof that u can find..
2. State ur case like u did here, explain to him if i wasnt paying child support why is it that suddenly she's taking me to court for it now that i have custody of the children and she didnt while she had custody..
3. Show proof of the mutural funds and let the judge know about the verbal agreement and show that u did put the verbal agreement money in those funds, if u show enough proof that u paid, more then likely the judgement will go in your favor if u can come up with say 80% of the proof explaining that u couldnt find everything.. but if he can see for years u did pay on time, etc.. he'll probably see through her scam..
She can pull up an issue with the childsupport all the way back to when it was first ordered theres not a time limit.. on that, so i suggest u get as much proof in hand, dont let her know what proof u have, and when she starts naming off dates, HOPEFULLY those will be the check stubs etc.. that u can blow her case apart with.. the more she names dates of payment that were never recieved and the more u show proof she's lying , then the court will see through her, so get as much proof together, and have ur lawyer ask for the dates first.. and then tear her case limb from limb..
2007-02-27 14:02:38 · answer #2 · answered by brwneyedgrl 7 · 0⤊ 0⤋
This is a "she said/he said" situation and it's going to be up to the judge. It'll come down to who sounds more credible in court. Just gather up all the cancelled checks or other evidence you do have, and say your piece. It might occur to the judge to wonder, if you had not been paying the full child support since as far back as 1995; why would she only be bringing this up now, 12 years later. Unfortunately, you are learning the hard way the importance of keeping very good records of payments. However, judges who deal with these matters have seen it all, and heard it all, and hopefully this one will bring his long experience to the matter and be able to see who is telling the truth.
Hopefully this particular situation will never happen again, but another valuable lesson you may have learned from this is to never, never, make verbal agreements on important matters. They will come back to bite you in the behind every time.
2007-02-26 08:58:07 · answer #3 · answered by sharmel 6 · 0⤊ 0⤋
If I may be so bold as to say I am writing from South Africa. In our country if the mother claims there was a short payment etc, SHE is the one that must keep bank stmet 2 prove this. MOST woman if they do have any problems, they are very quick 2 run off the lawyers etc. It sounds like she is trying to get and a find a way out of this. Obviusly she now sees how difficult things were when u were paying child support. Also its always better to get everything in writing. lao she sounds like my ex hubbys ex wife - thats y he is now also my ex, she wanted far too much and caused problems. I would think that all over the world things would be the same and that the person who has custody should be paid child support, no matter who did what were and when before the time. If you are able to, try to get legal aid, she might try to "clean" you out
2007-02-26 08:54:38 · answer #4 · answered by shellerjc 2 · 0⤊ 0⤋
so many questions...
First, if the record does not reflect your payments, the burden of proof is on you. why? she does not need to show you didnt make the payments, if the records already show that fact.
it is your duty to keep the records of payments.
is she allowed to raise these issues? maybe. every state is different (slightly) about the guidelines, so you will have to ask an attorney or see if its addressed at court.
why didnt she raise the issue before? there are many different reasons why she may have not, so i cant pin point one answer for that one.
as for the verbal agreement you both had that some of the support go into mutual funds; its Child SUPPORT, not Child TRUST FUND. putting those funds away rather then use it to support the childs needs and living expenses is not valid, nor legal.
a separate funds account, is a separate issue in court.
.
2007-02-26 10:47:05 · answer #5 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
Nothing matters except what has gone through the courts and the child support system. Cash that you have paid her is not taken into consideration. All monies have to go through the child support system. If child support was filed through the courts in 1998 then you would only have to pay what the courts ordered you in 1998 and on. You would not be liable for anything prior to that. If she filed, say in 1980, and you have not paid the full amount, then you are liable and that would be considered back support. So, it all comes down to when child support was actually filed in the courts. It doesn't matter if you don't have records, the courts will.
2007-02-26 08:52:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call your bank and ask for copies of your checks, also call the company that you got money orders from and ask for a list of the money orders. If these payments were made through the court house, call the court house and ask for an itemized list of when you paid your child support. Overall, the checks and money orders are your proof.
2007-02-26 09:46:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I can tell you from what happened to me in the past. from two different state courts. If you do not have recipts then in the courts eyes you did not pay, and you still owe her. I learned to keep records on all transaction in child support. They went back to the day I was ordered to pay, up to the time the issue was raised.
2007-02-26 08:52:41 · answer #8 · answered by leonardhomes@sbcglobal.net 4 · 0⤊ 0⤋
sounds like she can be a little pissed at you for unknoown reasons you should always keep stubs of this kind of stuff i am not sure how far they can go back but if it is on record of you paying it in the court system then you maybe able to ask your attorny to get it for you good luck have a good time with your son she is not hurting you at all she is hurting your son in the long run
2007-02-26 08:48:34 · answer #9 · answered by ? 2 · 0⤊ 0⤋
there should be record at office you were sending them to get them to print for you may cost but they can do it and fix her.
2007-03-02 00:12:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋