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Is it enough proof?

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COS

Junior Member
What is the name of your state? Colorado
I divorced my husband a year ago, although he beat me up and was charged with domestic violence, the courts ordered me to pay alimony. I have been paying him through electronic fund transfers from my account into his - which I can drop money into, but cannot withdraw. Are my bank statements proof enough that I have paid? He is now threatening to sell the debt to a collection agency.
 


Silverplum

Senior Member
What is the name of your state? Colorado
I divorced my husband a year ago, although he beat me up and was charged with domestic violence, the courts ordered me to pay alimony. I have been paying him through electronic fund transfers from my account into his - which I can drop money into, but cannot withdraw. Are my bank statements proof enough that I have paid? He is now threatening to sell the debt to a collection agency.
I would think your bank statements are proof enough. UNLESS you were court ordered to pay in some other manner?
 

seagoing

Member
As long as you are fulfilling the divorce decree ,and with your reciepts I wouldn't worry.Makes you wonder what his game is.Perhaps he's thinking he can sell the settlement for a lump sum??Its common in Ins.settlements but I don't know about alimony payments.
 

WalterLegal

Junior Member
Proof Positive?

Based on some assumptions, you should have "enough proof" that you made the payments. Some assumptions are:

1. That the account you deposited the $$ in only transfers to his account;
2. That he has primary control of the receiving account.
3. That you have receipts that the $$ was actually transferred.

It should be noted that while a previous poster referred to whether the $$ was otherwise permissible by a court order, I must respectfully note that this would not be relevant on the issue of proof of payment. It would be relevant to a possible contempt of court if it rose to that level though.

I don't understand why your X would threaten to turn the matter over to a collection agency. The appropriate means to resolve an alleged nonpayment is to file an appropriate motion with the court (contempt motion). I have some reservations about whether collection agency involvement in domestic matters would be seen by the court as an affront to public policy. Hang in there! (www.walterlegal.com - Colorado)
 

COS

Junior Member
Thank you, all. He openly stated he was going to do this because he could get twice the money. He thinks that the transfers are not proof of payment so I won't have a chance of defending myself. He is looking for an upfront lump so that is why he is threatening the agency.

I didn't think he had a shot, but you start to question your self-worth and judgement when dealing with a manipulator like this.
 

WalterLegal

Junior Member
Colorado

Keeping your self-esteem is probably the most important thing you can do. Don't let the bad externalities rule the only life you have - Nothing is worth that.
 

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