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#1
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Defense against Child Support Non-payment claims
To whom it may concern
My brother in law is in trouble with child support services. During 1996 - 2001 he paid child support to his ex. Directly, outside of child support services. Now child support services is saying they do not have records of him paying and now owes approx fifty thousand. Because this period of time was years ago he no longer has proof that he made these payments. He is getting the run around by a caseworker at Child Support. He has told him he needs his ex to send in a signed letter stating he made the payments during that time. My friend then asked his ex to do this for him. To make a long story short, now she wants approx $2400 in order to write the letter for him. My concern would be, even if he does pay that doesn't mean she's going to write the letter. I have heard that he can send a "Request for Admission" to his ex trying to get her to admit that he did in fact pay the child support. So, I did some of my own research and I'm wondering whether he can send a "Request for Admission" when there is as of yet no case pending. He can possibly go to jail because he owes so much. Now, because they are going to garnish his wages he can lose his house. He's current family is suffering. Is there any advice anyone out there can offer? Thanks |
#2
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Defense against Child Support Non-payment claims
On May 10, 3:31�am, wrote:
To whom it may concern * * * * My brother in law is in trouble with child support services. *During 1996 - 2001 he paid child support to his ex. *Directly, outside of child support services. *Now child support services is saying they do not have records of him paying and now owes approx fifty thousand. Because this period of time was years ago he no longer has proof that he made these payments. *He is getting the run around by a caseworker at Child Support. *He has told him he needs his ex to send in a signed letter stating he made the payments during that time. *My friend then asked his ex to do this for him. *To make a long story short, now she wants approx $2400 in order to write the letter for him. *My concern would be, even if he does pay that doesn't mean she's going to write the letter. * * * * I have heard that he can send a "Request for Admission" to his ex trying to get her to admit that he did in fact pay the child support. So, I did some of my own research and I'm wondering whether he can send a "Request for Admission" *when there is as of yet no case pending. He can possibly go to jail because he owes so much. *Now, because they are going to garnish his wages he can lose his house. He's current family is suffering. *Is there any advice anyone out there can offer? Thanks Does he owe her $2400 or will she simply not write it unless she gets $2400? |
#3
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Defense against Child Support Non-payment claims
wrote To whom it may concern My brother in law is in trouble with child support services. During 1996 - 2001 he paid child support to his ex. Directly, outside of child support services. Now child support services is saying they do not have records of him paying and now owes approx fifty thousand. Because this period of time was years ago he no longer has proof that he made these payments. He is getting the run around by a caseworker at Child Support. He has told him he needs his ex to send in a signed letter stating he made the payments during that time. My friend then asked his ex to do this for him. To make a long story short, now she wants approx $2400 in order to write the letter for him. My concern would be, even if he does pay that doesn't mean she's going to write the letter. I have heard that he can send a "Request for Admission" to his ex trying to get her to admit that he did in fact pay the child support. So, I did some of my own research and I'm wondering whether he can send a "Request for Admission" when there is as of yet no case pending. He can possibly go to jail because he owes so much. Now, because they are going to garnish his wages he can lose his house. He's current family is suffering. Is there any advice anyone out there can offer? == Yes. NEVER EVER EVER pay child support directly to the custodial parent. It will likely be viewed as a gift by the court and the payor will not receive credit for the payments. We lost $7000 by paying the CP directly per the divorce decree. She then denied ever receiving the money and even though we presented receipts to the court, the judge declared it a "gift" and assessed arrears. |
#4
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Defense against Child Support Non-payment claims
Does he owe her $2400 or will she simply not write it unless she gets
$2400? She simply will not write it unless she gets $2400. As far as I know, he did make all necessary payments. And right now he's basically flat broke over this. |
#5
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Defense against Child Support Non-payment claims
"Gini" wrote in message news:0zG0i.11425$s7.9773@trndny05... wrote To whom it may concern My brother in law is in trouble with child support services. During 1996 - 2001 he paid child support to his ex. Directly, outside of child support services. Now child support services is saying they do not have records of him paying and now owes approx fifty thousand. Because this period of time was years ago he no longer has proof that he made these payments. He is getting the run around by a caseworker at Child Support. He has told him he needs his ex to send in a signed letter stating he made the payments during that time. My friend then asked his ex to do this for him. To make a long story short, now she wants approx $2400 in order to write the letter for him. My concern would be, even if he does pay that doesn't mean she's going to write the letter. I have heard that he can send a "Request for Admission" to his ex trying to get her to admit that he did in fact pay the child support. So, I did some of my own research and I'm wondering whether he can send a "Request for Admission" when there is as of yet no case pending. He can possibly go to jail because he owes so much. Now, because they are going to garnish his wages he can lose his house. He's current family is suffering. Is there any advice anyone out there can offer? == Yes. NEVER EVER EVER pay child support directly to the custodial parent. It will likely be viewed as a gift by the court and the payor will not receive credit for the payments. We lost $7000 by paying the CP directly per the divorce decree. She then denied ever receiving the money and even though we presented receipts to the court, the judge declared it a "gift" and assessed arrears. Paying by checks is risky too. Banks no longer return canceled checks and offer front/back images online only for limited timeframes. If a CS dispute arises you have no way to go back and show proof of payment for older payments. I was forced to pay an extra $13,000 in CS over this issue. I kept a MS spreadsheet showing dates, check numbers, amounts, etc. and the court refused to accept that since "You can show anything you want on a spreadsheet." Even when I could produce checking account monthly statements that matched the spreadsheet, the court ruled just because the amounts matched the CS order there was no proof the checks were written to the obligee. The best receipts are payroll stubs showing wage garnishments. They are provided by a third party and the money accounting is done by the state. If an ex wants garnishments sent directly to her, demand the state receive the payments so no games can be played. The underlying problem is mothers can claim anything they want in Family Courts, never offer any evidence they are being honest, and the court will give them whatever they ask for by making the father pay. |
#6
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Defense against Child Support Non-payment claims
==
Yes. NEVER EVER EVER pay child support directly to the custodial parent. It will likely be viewed as a gift by the court and the payor will not receive credit for the payments. We lost $7000 by paying the CP directly per the divorce decree. She then denied ever receiving the money and even though we presented receipts to the court, the judge declared it a "gift" and assessed arrears. As far as I know she has not denied receiving payments. However Child Support Services says he owes the money. According to them, all they need is some signed piece of paper saying she received the payments as child support payments. |
#7
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Defense against Child Support Non-payment claims
wrote in message oups.com... To whom it may concern My brother in law is in trouble with child support services. During 1996 - 2001 he paid child support to his ex. Directly, outside of child support services. Now child support services is saying they do not have records of him paying and now owes approx fifty thousand. Has he been paying anything since 2001? If so, why is this arrearage showing up now? |
#8
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Defense against Child Support Non-payment claims
On May 10, 4:06 pm, "DB" wrote:
wrote in message oups.com... To whom it may concern My brother in law is in trouble with child support services. During 1996 - 2001 he paid child support to his ex. Directly, outside of child support services. Now child support services is saying they do not have records of him paying and now owes approx fifty thousand. Has he been paying anything since 2001? If so, why is this arrearage showing up now? If I were him, I'd check the "recording" laws in his state and call her nicely to get her to admit that he actually paid and is just trying to extort additional money from him, then take that little bit to court... Nasty ex's they are... |
#9
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Defense against Child Support Non-payment claims
On May 10, 3:02 pm, wrote:
== Yes. NEVER EVER EVER pay child support directly to the custodial parent. It will likely be viewed as a gift by the court and the payor will not receive credit for the payments. We lost $7000 by paying the CP directly per the divorce decree. She then denied ever receiving the money and even though we presented receipts to the court, the judge declared it a "gift" and assessed arrears. As far as I know she has not denied receiving payments. However Child Support Services says he owes the money. According to them, all they need is some signed piece of paper saying she received the payments as child support payments. By the way, let him know his credit is probably already ruined thanks to her too... Have him check it out...They are NOT supposed to post this on his credit unless he does NOT contest it...however, as in my husband's case, the CSE office added to the credit report immediately...and even after going to a judge, then they won't even remove it...and the judge won't give you a piece of paper saying "you never owed it and it was a mistake"...NOPE, they'll give him a paper saying "it's paid in FULL"...Guess what that means??? Yep! The idiots at CSE will now put 50K of "arrears" collected by them in their garbage propaganda...because since the papers will just say PAID IN FULL, they will NOT take it back as it was never owed...so, good luck...Have him check his credit immediately...and have him record the idiot ex. |
#10
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Defense against Child Support Non-payment claims
What if he could get a police officer to listen in on his convo with her? That would be proof. I can't imagine how a woman can be so vile and vindictive even to an ex husband and make him pay $1000's on top of $1000's he doesn't owe! Don't people have a conscience??? If I was a child in that situation and I found out my mother did that to my father, she would be dirt under my shoes! |
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