Anybody knows about child support?

Question

We just found out a month ago that my husband is behind he's child support . He's been paying it trough employment and he paid the difference in cash. His ex got mad and she sued him. Now he doesn't have proof of paying enough money. In the last 3 years we've been helping her to take care of her 2 kids (1 is my husbands but the other one is not) on everyday basis. Does anybody know what are his rights? We can't afford an attorney and we need some advice.

Answer 1

The employment should have a record of what has been paid. If you can not prove what you have paid in cash then he might be screwed unless his ex will admit to what he had paid. If you can record her on the phone admitting to him paying a list of stuff in cash it could help. Check your states legal rights on recording without her knowledge. Some states allow a person to record as long as one person has knowledge.

I CAN NOT STRESS ENOUGH:
DOCUMENT ~ DOCUMENT ~ DOCUMENT
WHO
WHAT
WHEN
WHERE
WHY
DATE
TIME

PROOF such as cancelled check, money order receipts & stub.

If you pay by check in the memo make a VERY detailed list of what the money is for.

Keep copies of checks, receipts of anything purchased.

Keep Good record of all payments.

Make payments on time.

Do not give cash if you do then go get a money order and document on it and the money order receipt a detailed message what it is for.

If your husband is paying directly to child support enforcement they will have a print out of all received payments BUT STILL KEEP YOUR OWN RECORDS cause they can make mistakes.

Here is a web site that can be helpful to you.
It is for incarcerated folks so don't get upset that I gave it to you. It has good info.

http://www.fcnetwork.org/library/p3child...

Be careful trying to modifiy to a lower child support payment because many times they do not lower it but make it higher.

Child Support Enforcement & courts can not do anything to your husband if he is making his payments on time every month. But if he is ever late they will become his worse enemy.

Answer 2

Hexeliebe is only half correct. Never, ever pay cash. Unless mom will give him a rceipt he is hosed. A money order is not acceptable either because dad could buy a money order, make it out to mom, signe her name on the back (endorse) and still cash in the MO and get his money back.

If he must pay her directly, write a check to her and write CHILD SUPPORT for September 2007, in the comment field or some where on the face.

Now he should document when he cares for the child outside of the custody or Child Support order. He can apply this to what he owes for that month.

If he is paying support outside of what his employer is deducting then either the employer is deducting too little or the support amount is based on a larger salary.

Most states will recalculate a support payment if the non-custodial parent has a significant change in income (usually a minimum change of 10%). So he may want to look at why he is having to pay out of pocket and payroll deduction.

Answer 3

Well, if he has been paying cash to her, there is nothing that can be done...sorry. But if he has been paying cash to the government then the government has the records and must provide them to you at no cost. She can only sue for the difference.
He needs to get in contact with the state welfare/ child services department and pay the money there. And thus get a government reciept. All extra help to her must stop. If the Husband's child needs something, you can get it and keep the reciept. Never give the ex-wife/mother the money to handle the situation.

Answer 4

This is why most States have Child Support Services. ALL money goes through them and it is properly documented. Your husband will be out of luck if his ex lies in court about the cash payments. When I lived in Ohio, I was told that any money given to an ex without going through them was a gift, even if it was by check or money order.

Answer 5

he should have been paying the entire amount thru his employer. thats how the state keeps track of his payments. they are going to show he is delinquent. do you have any proof of paying her? if not, you are probably going to be out of luck. you really should contact an attorney. and why is he paying child support for one that isn't his? contact the local bar association and they can at least get you a free or reduced consultation with an attorney.

Answer 6

>> Now he doesn't have proof of paying enough money. . . . We can't afford an attorney and we need some advice <<

If he can't afford an attorney I hope he can afford to double pay his child support. Because that's what he's gonna do.

Answer 7

Unfortunately if he paid her in cash, it's his word against hers. I would recommend going to your local Child Support Enforcement Office and request that your child support be processed through them. They will keep a record of what he has paid. He can also set it up with his employer to automatically be taken from his check every month.

To find your local Child Support Enforcement Office you can go here: http://www.acf.hhs.gov/programs/cse/extinf.html

Answer 8

Unless he can provide the court with proof of his cash payments, he is in arrears. That's why he will NEVER again give her cash. If he wants to, he can pay 50 cents for a money order and then he has a receipt.

Answer 9

It merely is going by ability of his earnings & they are in a position to easily take a undeniable proportion out. in the journey that your husband isn't working, then there is no verify to take baby help out of. It, even even with the shown fact that, keeps accruing and could become returned baby help. maximum states intercept the determine's earnings tax refund (the only paying help) on the top of the 300 and sixty 5 days. that's not significant if his spouse works in any respect. she would be in a position to even document her earnings tax return seperate as an "injured" party & get her tax return each and every 3 hundred and sixty 5 days. in the journey that your ex decides never to artwork returned & stay at homestead on an analogous time as his spouse works, then your screwed as far as getting familiar money however the help keeps accruing. additionally, you won't be in a position to maintain him from seeing his daughter if there's a visitation order on document in courtroom. no longer paying baby help has no longer something to do with no longer seeing the baby. solid success!

Answer 10

paid in cash without getting a receipts was a huge mistake. how much was it exactly? If you go to court - when the time comes it will be your word over his word - and I'm sorry to say - the one without a receipt is going to lose.
((ever heard of secretly taping a phone conversation when she admits that he gave it to her - even if it can't be used.... if you let her hear herself talking - I think we know what will happen then))