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Proof of child support payments

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capepuffin

Junior Member
What is the name of your state? Massachusetts.

Hi I am new here and have a question about how to prove that child support was paid. I got divorced a year ago and the court ordered me to pay to my ex child support. Now I have never written a check to her. I have only either paid her cash:eek: or I deposit the child support directly into her checking account at the bank. I know that cash was stupid and I can't prove that I paid that , but what about me depositing cash into her checking account? Will that be proof that I paid the child support? Will the judge agree that I paid when I made deposits to her bank?

So I guess I need to know what the court will accept as proof of child support payments in MA.

ANy help would be greatly appreciated.
 


haiku

Senior Member
never pay cash again. you will never have a record of payment.

as long as you can get a proper printout fro the bank showing your direct deposit into her bank account that should be sufficient proof of payment, were she to try to accuse you of not paying.
 

capepuffin

Junior Member
Yes she says that I have not paid her. So I am worried about the payments I made directly to the bank. someone told me that the court would view those payments only as a gift. That I needed to give her a check with 'child support' written on it. Is that true?
 

haiku

Senior Member
while the most common and easiest proof would be cancelled checks with her signature on the back...
most banks nowadays do not return checks you would only be able to recieve a copy.

were you to arrive in court with the printout from the bank showing direct deposit into her account, for the child support amount, she will have a very hard time proving her case.
 

capepuffin

Junior Member
I go to court tomorrow. I have not been told to bring anything yet. I will bring my slips from the bank and hope that is enough. I do not have an attorney, neither does she.

So you think my slips showing the correct amount of child support being deposited into her checking account is ok?
 

tigger22472

Senior Member
Many people do not like this prospect... however I am big on wage garnishment. Many states require it so it's not as big of an issue as another sort of garnishment would be. The reason that I like it is that it prevents situations like this. You have check stubs proving it's paid and the state keeps a record.
 

ceara19

Senior Member
capepuffin said:
I go to court tomorrow. I have not been told to bring anything yet. I will bring my slips from the bank and hope that is enough. I do not have an attorney, neither does she.

So you think my slips showing the correct amount of child support being deposited into her checking account is ok?
That depends. What does your court order say regarding child support payments? Most court orders include the proper procedure for paying child support. Plus, many states require payments to be made through a central agency. If you did NOT follow the procedure outlined in the court order, the money is a gift.
 

tigger22472

Senior Member
ceara19 said:
That depends. What does your court order say regarding child support payments? Most court orders include the proper procedure for paying child support. Plus, many states require payments to be made through a central agency. If you did NOT follow the procedure outlined in the court order, the money is a gift.
Good point.. wasn't catching that... duh!
 

haiku

Senior Member
My order is from Mass. as is the op. Mass is not a state that requires garnishment from the start.
 

weenor

Senior Member
haiku said:
while the most common and easiest proof would be cancelled checks with her signature on the back...
most banks nowadays do not return checks you would only be able to recieve a copy.

were you to arrive in court with the printout from the bank showing direct deposit into her account, for the child support amount, she will have a very hard time proving her case.

Not trying to be difficult, but how does he prove that HE was the one that deposited the money into her account. Absent video of him in the bank on the dates he alleges making payment or the ex's agreement that he actually deposited the funds, he's got nothing.
 

haiku

Senior Member
weenor said:
Not trying to be difficult, but how does he prove that HE was the one that deposited the money into her account. Absent video of him in the bank on the dates he alleges making payment or the ex's agreement that he actually deposited the funds, he's got nothing.
umm...becuase they are HIS bank account statements showing HIS deposits into HER bank account?

Technology being what it is today quite few people do completely paperless banking.

as long as he has a record of monthly payments going to her bank account number, he has all the proof he needs.
 

capepuffin

Junior Member
I went to court today and I have to go back in Sept. The judge said that he would send us temporary orders until then. We just both gave our financial statements and that was it as far as the CS. I don't think that the judge wanted to deal with this today at lunch! We do have a few other issues to be resolved including property.

Anyway, to clear this up, I actually deposit cash into her bank account. So I get a slip from the bank with her banking number on it and the amount that I have put in.
 

ceara19

Senior Member
capepuffin said:
I went to court today and I have to go back in Sept. The judge said that he would send us temporary orders until then. We just both gave our financial statements and that was it as far as the CS. I don't think that the judge wanted to deal with this today at lunch! We do have a few other issues to be resolved including property.

Anyway, to clear this up, I actually deposit cash into her bank account. So I get a slip from the bank with her banking number on it and the amount that I have put in.
But the question is, what does the current court order say, word for word, about child support payments. I realize that the state doesn't require garnishment. Many states don't. However, most states do require the payments to be sent to a central agency, whether or not it is actually garnished, and then the payment is sent from the agency to the other parent.

I did find this,
http://www.cse.state.ma.us/Parents/pay.pdf
It clearly states that child support payments should NOT be sent directly to the other parent and that child support payments should NEVER be paid in cash. It appears that even in the absence of an order of withholding, child support payments are still required to go through the DOR for proper credit.
 

haiku

Senior Member
ceara19 said:
But the question is, what does the current court order say, word for word, about child support payments. I realize that the state doesn't require garnishment. Many states don't. However, most states do require the payments to be sent to a central agency, whether or not it is actually garnished, and then the payment is sent from the agency to the other parent.

I did find this,
http://www.cse.state.ma.us/Parents/pay.pdf
It clearly states that child support payments should NOT be sent directly to the other parent and that child support payments should NEVER be paid in cash. It appears that even in the absence of an order of withholding, child support payments are still required to go through the DOR for proper credit.

I agree we need to know what is said in the paperwork.

(FWIW I don't know anyone who pays through CSE in Ma. -pretty much they only get involved when one of the parties is on welfare or there is a history of non payment)

Now that you have been to court already OP, please follow the advice and read your ORIGINAL court papers outlining your support agreement.

Also because it looks like you "may" have a dissagreeable ex on your hands, it may be a wise idea to open a case with CSE to avoid any future problems.

But in any case, do not make any more cash payments to your ex.
 

ceara19

Senior Member
haiku said:
I agree we need to know what is said in the paperwork.

(FWIW I don't know anyone who pays through CSE in Ma. -pretty much they only get involved when one of the parties is on welfare or there is a history of non payment)

Now that you have been to court already OP, please follow the advice and read your ORIGINAL court papers outlining your support agreement.

Also because it looks like you "may" have a dissagreeable ex on your hands, it may be a wise idea to open a case with CSE to avoid any future problems.

But in any case, do not make any more cash payments to your ex.
Direct payment are rarely a good idea. Even when everyone gets along with one another well, there is no guarantee that it will stay that way. Many states have set up an additional agency that only records an forwards the payments from one parent to the other. Unlike many CSE agencies, there is no fee for the service and wage assignment is not necessary. Does MA have this option?
 

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