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Back child support. Does the requesting parent have burden of proof?

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theshins2008

Junior Member
I live in Washington.

My fiance's baby mama is going after back child support. The two of them split up a little over 4 years ago. The child is now 7.

After going through mountains of receipts and not coming up with a decent amount, I became curious as to whether or not Baby Mama has the burden of proof.

If the state of Washington says it costs 1000 dollars a month (estimate) to raise a child, I can find receipts for 100 dollars (estimate) on average, and she can only find receipts for 100 dollars (estimate), will my fiance be left to pay the remaining 800? Will the courts just assume that Baby Mama foot the bill the entire time and demand my fiance to pay her?

Obviously, if she does come up with $900 worth of receipts per month, he would have to reimburse her for x amount of that.

(Another couple of questions)

1. If she is the one requesting back child support, does she need to actually prove by coming up with receipts, bank statements, etc., that she paid for the majority of the child's support?

2. If she is not able to come up with it and he's not able to come up with it, what happens?

Thank you for your help!
 


LdiJ

Senior Member
I live in Washington.

My fiance's baby mama is going after back child support. The two of them split up a little over 4 years ago. The child is now 7.

After going through mountains of receipts and not coming up with a decent amount, I became curious as to whether or not Baby Mama has the burden of proof.

If the state of Washington says it costs 1000 dollars a month (estimate) to raise a child, I can find receipts for 100 dollars (estimate) on average, and she can only find receipts for 100 dollars (estimate), will my fiance be left to pay the remaining 800? Will the courts just assume that Baby Mama foot the bill the entire time and demand my fiance to pay her?

Obviously, if she does come up with $900 worth of receipts per month, he would have to reimburse her for x amount of that.

(Another couple of questions)

1. If she is the one requesting back child support, does she need to actually prove by coming up with receipts, bank statements, etc., that she paid for the majority of the child's support?

2. If she is not able to come up with it and he's not able to come up with it, what happens?

Thank you for your help!
It does not work the way that you think it works....sorry.
 

Zephyr

Senior Member
I live in Washington.

My fiance's baby mama is going after back child support. The two of them split up a little over 4 years ago. The child is now 7.

After going through mountains of receipts and not coming up with a decent amount, I became curious as to whether or not Baby Mama has the burden of proof.

If the state of Washington says it costs 1000 dollars a month (estimate) to raise a child, I can find receipts for 100 dollars (estimate) on average, and she can only find receipts for 100 dollars (estimate), will my fiance be left to pay the remaining 800? Will the courts just assume that Baby Mama foot the bill the entire time and demand my fiance to pay her?

Obviously, if she does come up with $900 worth of receipts per month, he would have to reimburse her for x amount of that.

(Another couple of questions)

1. If she is the one requesting back child support, does she need to actually prove by coming up with receipts, bank statements, etc., that she paid for the majority of the child's support?

2. If she is not able to come up with it and he's not able to come up with it, what happens?

Thank you for your help!
oh lord...you are way over thinking this, google in your states statutes for retroactive child support, also find on line child support calculator for your state and run the numbers for what current support would be
 

penelope10

Senior Member
What exactly do you mean by receipts? If you are talking about receipts etc that arose for purchases for the child (such as clothes etc) that does not count as child support....
 
What exactly do you mean by receipts? If you are talking about receipts etc that arose for purchases for the child (such as clothes etc) that does not count as child support....
Exactly, I in fact went to court last month on child support, and the judge cared less about what I could prove through receipts etc...and not only that the AG called them heresay anyway. I should've taken the advice these people gave me long ago, pay the support...even in an informal arrangement until you can get the order modified. otherwise, you're at the mercy of the court.
 

theshins2008

Junior Member
What exactly do you mean by receipts? If you are talking about receipts etc that arose for purchases for the child (such as clothes etc) that does not count as child support....

Well, the opposing counsel requested in their interrogations: "state to what extent you have paid expenses (not considered child support) for your child since her birth." Then it has a request for production: "for the preceding interrogatory, please submit all cancelled checks, receipts, bank statements, and the like, supporting your assertion that you paid child expenses since the child's birth."

Honestly, we don't have a whole lot. My fiance rarely writes checks and uses cash to pay for groceries, etc. Pretty much we're screwed. Granted, if the courts say that he owes back child support, that's fine. I just don't want him to get screwed over because he doesn't have receipts for diapers and formula.

Thank you for your feedback.
 

fairisfair

Senior Member
Well, the opposing counsel requested in their interrogations: "state to what extent you have paid expenses (not considered child support) for your child since her birth." Then it has a request for production: "for the preceding interrogatory, please submit all cancelled checks, receipts, bank statements, and the like, supporting your assertion that you paid child expenses since the child's birth."

Honestly, we don't have a whole lot. My fiance rarely writes checks and uses cash to pay for groceries, etc. Pretty much we're screwed. Granted, if the courts say that he owes back child support, that's fine. I just don't want him to get screwed over because he doesn't have receipts for diapers and formula.

Thank you for your feedback.
Oh for god's sake they aren't asking for a $2.50 receipt from circle K for a gallon of milk.

You are to pay child support to the custodial parent. Usually that is done by a negotiable item such as a check or money order, not with shells or beans.

you are right "we" are screwed.
 

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