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[Newlydivmomto4]

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

A little over a year ago I got tired of my ex not paying cs. I was about to file my tax return and my ex and usually split the kids for exemptions, me not realizing that the court order never specified and I've always had them between 90-100% of the time would mean that I would get to claim them anyways. I texted my ex, since your pay went down and I got a raise, I can compensate for the difference. Just let me claim the kids on taxes. He happily agreed.

Since then I have found out that while his gross income may have gone down, his net income has actually increased. I have since filed with the courts for them to deal with him because I'm tired of the lies and tired of him getting his way. Off topic, but he is retired military, I was entitled to part of his retirement and alimony but did not get either because I missed the deadline to go to court for them. I figured fine, just pay the child support.

Anyways, MO is working on enforcing the order. I'm just wondering if ex can use my texts to say that we modified the court order. From what I have read, it seems that unless a document is filed in court, it does not exist. Is that accurate?

 

[Zigner]

I'm just wondering if ex can use my texts to say that we modified the court order.

No .

 

[latigo]

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

A little over a year ago I got tired of my ex not paying cs. I was about to file my tax return and my ex and usually split the kids for exemptions, me not realizing that the court order never specified and I've always had them between 90-100% of the time would mean that I would get to claim them anyways. I texted my ex, since your pay went down and I got a raise, I can compensate for the difference. Just let me claim the kids on taxes. He happily agreed.

Since then I have found out that while his gross income may have gone down, his net income has actually increased. I have since filed with the courts for them to deal with him because I'm tired of the lies and tired of him getting his way. Off topic, but he is retired military, I was entitled to part of his retirement and alimony but did not get either because I missed the deadline to go to court for them. I figured fine, just pay the child support.

Anyways, MO is working on enforcing the order. I'm just wondering if ex can use my texts to say that we modified the court order. From what I have read, it seems that unless a document is filed in court, it does not exist. Is that accurate?

It isn't just a question of whether the messages are admissible. Its a matter of relevancy.

A parent's duty to provide for the support of his or her minor children is owed to the children not to the parent receiving it. Hence the latter has no authority to waive it.

 

[Newlydivmomto4]

It isn't just a question of whether the messages are admissible. Its a matter of relevancy.

A parent's duty to provide for the support of his or her minor children is owed to the children not to the parent receiving it. Hence the latter has no authority to waive it.

Thank you for the clarification. He had a lawyer send me a letter saying that ex was only going to pay xxx amount because of his reduced income. I called the ex and he said talk to his lawyer. The lawyer told me if I did not agree then I would have to hire an attorney in their state or I could sign a form letting ex's lawyer submit the document on my behalf. I laughed.

 

[Newlydivmomto4]

New Question

Missouri called me a few weeks ago and spoke to me about what had been paid, the paperwork I had submitted to them etc. The lady was extremely helpful. I called them today to see what the latest was and they said I would have to speak with Kentucky because I am Kentucky's client, not theirs. I'm so confused, one person will talk to me, the other won't? She did say I could file with Missouri for it to be their case. What is the point of that? To me it seems like they are playing a game of shells.

Any suggestions on if I should just file to go through Missouri? Kentucky's child support enforcement system is horrible. I've been told that by someone who has audited them as well as a former employee.