Malicious Ex File filing Motion to show Cause

[HeyJude729]

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

My ex wife and I were divorced in 1999 in Illinois. We have two children together. This week my ex maliciously filed a Notice of Motion and Petition for Rule to Show Cause. I paid every single week for past 16 yrs. She requested yrs ago I only pay her in cash. Now, one week before cs is set to end, she files this saying I never paid her a dime, ever. I have Emails from her asking me to only pay her in cash, text messages printed out of her threatening to file against me if I do not continue to pay her, witness statements (my mother and wife) stating they first hand witnessed the cs payments being made. Any hope the judge will see she is lying? Why wait 16 yrs to file anything against me if I was supposedly never paying?
Additionally, what are my options, and possible outcomes? Realistically.

Thank you in advance, for even reading this. Not all divorced fathers are deadbeats, but I feel like even after doing the right thing for so long, I'm being dragged into a losing battle.

 

[stealth2]

How did you document your payments?

 

[not2cleverRed]

This is why you never take legal advice from an ex... Hindsight being 20/20, you would have been better off going through the child support enforcement, even if it annoyed her... Because that way you have documentation of payments, and if she wanted to complain in court that you were doing things that way and not straight cash, she'd be the one not looking credible. (Added bonus: less contact between the 2 of you.) Usually people want to be paid in cash because they don't want it to be traceable - has she been receiving any form of public assistance?

The "witnesses" you have are not going to be considered unbiased.

If you have saved communications where she acknowledges a payment, that's only showing that you made the payment referred to.

She can say whatever she wants - if you can't disprove her statements with documentation of payments, then you've really an uphill battle.

 

[single317dad]

How did your court order say you should pay?

 

[HeyJude729]

This was the 90's. I was young and dumb, and paid her like she asked. I would pick up the kids on the weekend and pay her. This was the case every two weeks. How am I supposed to prove payments from 16 years ago? Who keeps any type of payment info from 16 years ago?
Also, how can they allow her to never have filed anything before, and go right to this after supposedly having 16 years of not being paid?

 

[Silverplum]

This was the 90's. I was young and dumb, and paid her like she asked. I would pick up the kids on the weekend and pay her. This was the case every two weeks. How am I supposed to prove payments from 16 years ago? Who keeps any type of payment info from 16 years ago?
Also, how can they allow her to never have filed anything before, and go right to this after supposedly having 16 years of not being paid?

Regarding the bolded: because it's a provision in the law.

Fortunately for you, the law has another provision: the doctrine of laches. However, I don't know if it will work for you in IL. See here: http://www.state.il.us/court/Opinions/AppellateCourt/2004/2ndDistrict/March/HTML/2030183.htm. It's something to bring up with your attorney.

 

[HeyJude729]

How did your court order say you should pay?

Do you mean our divorce papers? They state: the husband shall pay child support in the sum of X amount per week subject to any adjustments based upon the Husbands income at that time.

So, when my weekend visitation was over, I would drop the kids off at her place and hand her the child support.

 

[HeyJude729]

The "witnesses" you have are not going to be considered unbiased.

.

Our kids, being adults now have also witnessed these payments being made. If she or I didn't get out of the car, I would hand it to the kids to hand to her when they got in the house. Can't I have them make a statement saying they witnessed the payments being made as well?