Burden of Proof

[mama9296]

What is the name of your state (only U.S. law)? WA

In terms of past due child support, whose responsibility is it to provide proof of payments made/not made?

My ex has never paid full child support in the 10 years we've been divorced. My one attempt at having his wages garnished for the full amount (not even including the past due amount) ended with him threatening to send private photos from when we were married to my employer in hopes that I would lose my job, and me withdrawing the paperwork.

He got the paperwork today that I've filed for a hearing and he called me not happy at all. He told me that all that's going to happen is they'll wonder why I didn't say anything the last 10 years and waited until he had custody of the kids (we're in the middle of a very ugly custody battle). I reminded him of the one time I tried and he said, "Do you have proof I did that? Of course not." Which is true... I don't. But it IS documented in the DCS notes from 2003 as the reason why I withdrew the paperwork. I told him that if he has proof that he paid the full amount he was supposed to when the kids were still in my custody then feel free to bring it to the hearing. But we both know that he doesn't.

[Isis1]

What is the name of your state (only U.S. law)? WA

In terms of past due child support, whose responsibility is it to provide proof of payments made/not made?

My ex has never paid full child support in the 10 years we've been divorced. My one attempt at having his wages garnished for the full amount (not even including the past due amount) ended with him threatening to send private photos from when we were married to my employer in hopes that I would lose my job, and me withdrawing the paperwork.

He got the paperwork today that I've filed for a hearing and he called me not happy at all. He told me that all that's going to happen is they'll wonder why I didn't say anything the last 10 years and waited until he had custody of the kids (we're in the middle of a very ugly custody battle). I reminded him of the one time I tried and he said, "Do you have proof I did that? Of course not." Which is true... I don't. But it IS documented in the DCS notes from 2003 as the reason why I withdrew the paperwork. I told him that if he has proof that he paid the full amount he was supposed to when the kids were still in my custody then feel free to bring it to the hearing. But we both know that he doesn't.

the paying parent has to prove the payments were made. if he is ordered to pay, he's order to pay. it doesn't go away. even with a change of custody.

[mama9296]

Thank you. That's what I thought.... I just wanted to be sure.

He, of course, is going to be even MORE hateful to me now. Blah

[mama9296]

I love your signature btw. AMEN!