My ex and I divorced in 1989. In 1996 she opened a case with DCSS (California) and payment was taken out of my check each payday until she requested to DCSS that my payments be made to her directly and they were until my last child turned 21 in 2001. Well 4 months ago, 11 years later, she decided to go back to DCSS and claim I didn't pay child support for the period I paid her directly. I hired an attorney and was able to prove, with what cancelled checks I was able to find, that I had paid. I had enough proof the lower the amount from $14,000 to $3,500 which angered her off so now she's hired a lawyer and is suing from 1989 to the DCSS filing claiming I paid her nothing. Unfortunately I can't find any cancelled checks. My attorney says If I can't find any proof be prepared to pay $94K. If this goes her way will I be required to sell my house and belongings to pay her?
2007-10-11 20:43:02 · 4 answers · asked by G H 1 in Politics & Government ➔ Law & Ethics
Failure to pay child support means garnishment of any available property. Thus, you might be forced to sell your house. Anyway, if you fail to pay, the house will just the same be garnished.
2007-10-11 20:46:55 · answer #1 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
I assume you spoke to your bank? I had something from 8 years ago on my credit report that said I never paid for something. It took a few days but my bank was able to provide me a record of payment. For that matter I would suppose that a good lawyer would be able to get a subpoena for HER banking records.
When you got the 14k down to 3.5k you should have been able to take action against her for filing a false claim. In court (you did go to court right and not just pay?) there should have been enough doubt that you would not have to pay the 3.5k or just some. SHE should then had to prove you did not pay. You have the proof in hand that she filed papers falsly w. a government agency. In court this would throw doubt upon any of her claims.
The 1989 claim that you paid nothing? Prove that you made ONE payment after she looks a judge in the eye and says she got nothing....... well there you go.
The fact that this is eleven years later should cast enough doubt. Plus it's been since 2001. All of the kids are fine and it's been years so why now? The fact that you proved one thing and so she is now trying something else says much.
What is up with the 21 thing? In the US you pay until a child is legally considered an adult. Not when they are legal to drink.
Somethingis all wrong here. I don't care who you are 94k is a lot of money so if you have a lawyer who says simply have proof or be prepared to pay you have a big problem. So yes proceed on the assumption that you may have to pay. So you have to think of a few things. You could keep this in court FOREVER. Can she afford this? She is going through DCSS so is she broke. This needs to be done in open court. If you subpoena her bank and income records can she stand up under scrutiny? Tax records? Did she claim any tax breaks or government benefits during your provable payment time? False claims? The list is endless.
Sorry I went on. Point is again 94k is a whole lot. My mother tried this w. my father when I was 30. I spoke to my mother and explained...... what is the point? All are well and after so many years why are you trying to destroy another? Turned out in the end she was just angry and wanted attention. The nest was empty. Why not be normal and close that chapter of life finally after all of these years? I wonder what your kids think.
Point is....... you need to find a more aggressive lawyer because w. this much at stake it would be worth it. You might be able to sue her in the end.
2007-10-12 02:31:54 · answer #2 · answered by jackson 7 · 1⤊ 0⤋
Why did you have to pay until your last child was 21??? It's supposed to be 18. I'm in California too and my husband is getting screwed with child support, but the law is you have to pay till the child is 18 or finishes high school, so we'll have to pay until his daughter is 18 yrs and 4 months because her birthday's in February.
I thought that child support just went from the date of filing to the present, so if she didn't file until 1996 then it only goes from then till now, and you've already proven you have paid that.
You need to check with another lawyer because it sounds like you're getting bad advice. Besides, all you children are adults now, so at this point how would paying back child support go towards them?? It wouldn't! Make sure you're talking to a lawyer who only does Family Law.
2007-10-11 21:42:28 · answer #3 · answered by Wintergirl 5 · 2⤊ 0⤋
Is your house actually worth 94 thousand dollars??? I doubt it.
Cheers
2007-10-11 20:46:42 · answer #4 · answered by Daft One 6 · 0⤊ 1⤋