They gave told her to hire an attorney and that they would send him the money for court.....she is not good with money so they sent it directly to him. We are court ordered to pay an amount every month and have cancelled checks showing what we pay. My question is this....since she lied, are we going to be able to recoup the court costs and attorney fees for this? This is not the first time she has pulled this.....$1,000 - at Christmas time no less......realy very wrong.
2007-12-05 23:31:37 · 14 answers · asked by Ali C 2 in Family & Relationships ➔ Marriage & Divorce
Take her to court. If you have the proof that he has been paying, then that's all you need.
2007-12-05 23:35:49 · answer #1 · answered by N L 6 · 0⤊ 0⤋
If you have proof that you have paid, then it will be dismissed from court all together... also, be sure to mention to the honorable judge you feel this has been a waste of his/her + the courts valuable time, and you wish to not be responsible for any court or legal fees on the account of the defendant/plaintiff (the ex-wife)
But, while your there... its already scheduled court time... are there any requests or complaints you would like to be cleared up through the courts??? Now would be the best time to ask :)
Also, do the support payments go through the state or court? If so, go there and get Official statements. If you pay to an account for the ex-wife, contact the bank for deposit statements as well :) Just be sure to have all of your proof ready and available :)
2007-12-06 07:21:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The canceled checks are valid proof of paying child support. Ask your attorney to request the judge to "Reverse Attorney's Fees" so that the ex pays for your attorney as well.
The judge may do that since the ex is pushing for something that is a waste of time.
However, is there any way to communicate with her family and prove to them that he is paying? That would isolate her from lying to them.
Also, you may want to go to the County Social Services department that handles child support collection. Set up an account with them to pay it through them if they will do that without a court order.
2007-12-05 23:48:12 · answer #3 · answered by cookpat.geo 3 · 0⤊ 0⤋
As long as you can prove that what was sent to her was indeed for the court ordered child support payments, such as the memo section of the check saying "child support", then once in court she won't have a leg to stand on. The judge will see that and throw her case out.
If she is not good with money, and has pulled this scam before, thensuingher will do no good, as she won't be able to pay that amount anyway. I would at least speak to an attorney in your area though, and see what they advise.
2007-12-05 23:45:33 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Take the copies of the cancelled checks to your attorney along with the other bogus charge papers...have him present them to the judge. If this is a reoccurring thing then the judge probably will award you the fees because they will not want her wasting the courts time and will want to teach her a lesson.
2007-12-06 00:11:25 · answer #5 · answered by Rein 5 · 0⤊ 0⤋
If you have proof that he paid the child support you shouldn't have to go to court. Call the court tell them you have all the cancelled checks to prove the child support was paid on time, every time and you think its a waste of time for family court to even have a trial in this case. See what they say they don't like to waste their time either.
2007-12-05 23:43:29 · answer #6 · answered by Tapestry6 7 · 0⤊ 1⤋
Then take her back to court. If she is working, she has to file tax returns and that would be proof she is employed. Ask for a reevaluation for child support and they will contact her and she will have to give them her records. They have her SS# even if you don't, so if she refuses to give them up, they will get them on their own. Do you know the name of the school she works for. That's all you need. She can be held in contempt for not giving the health insurance cards if she was ordered to. I would just file for the reevaluation and go from there.
2016-05-28 10:22:13 · answer #7 · answered by audrey 3 · 0⤊ 0⤋
She can lie all she wants to, but can't prove a thing. Just keep all your cancelled checks. You should pray that she does take this to court----it will piss of the judge when he finds out that she wasted court time with this.
2007-12-06 04:57:13 · answer #8 · answered by Sondra 6 · 0⤊ 0⤋
Have him go to the Friends of Court. Anything I sent to my Ex-wife for child support went through them. Rather she got it or not then fall on their door step. The fact that y'all kept records of the payments is a good thing.
I wouldn't sue her for fraud, but I would sue for custody of the children. Due to the fact that she lied and is not good with money, the children may be better off with their father.
2007-12-05 23:47:07 · answer #9 · answered by Daddy Big Dawg 5 · 0⤊ 1⤋
Yes ...ask the court to have her pay all legal fees as the claim was malicious.
2007-12-06 00:48:41 · answer #10 · answered by John 7 · 0⤊ 0⤋