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Defense against Child Support Non-payment claims



 
 
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  #1  
Old May 10th 07, 09:31 AM posted to alt.child-support
[email protected]
external usenet poster
 
Posts: 5
Default 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  
Old May 10th 07, 10:17 AM posted to alt.child-support
Relayer
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Posts: 301
Default 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  
Old May 10th 07, 04:07 PM posted to alt.child-support
Gini
external usenet poster
 
Posts: 936
Default 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  
Old May 10th 07, 07:19 PM posted to alt.child-support
[email protected]
external usenet poster
 
Posts: 5
Default 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  
Old May 10th 07, 08:00 PM posted to alt.child-support
Bob Whiteside
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Posts: 981
Default 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  
Old May 10th 07, 08:02 PM posted to alt.child-support
[email protected]
external usenet poster
 
Posts: 5
Default 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  
Old May 10th 07, 09:06 PM posted to alt.child-support
DB
external usenet poster
 
Posts: 712
Default 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  
Old May 11th 07, 04:17 AM posted to alt.child-support
whatamess
external usenet poster
 
Posts: 223
Default 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  
Old May 11th 07, 04:21 AM posted to alt.child-support
whatamess
external usenet poster
 
Posts: 223
Default 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  
Old May 11th 07, 04:42 AM posted to alt.child-support
Laura
external usenet poster
 
Posts: 18
Default 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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