do i have to prove he doesnt pay me ?

[Gracie3787]

What is the name of your state? Floridaaa

I'm owed about $4000 in child support. I've kept a book and spreadsheet on the payments since the day the papers were signed for proof, I want to sue my ex for the money he owes me, so I was wondering how to do that, and if I do, will my notebook and spreadsheet be relevant in the case ?

Jaylynnsmommy

one more thing ... if my documentation isn't relevant, then does HE have to prove what he has or has not paid me ?

I appreciate any help I can get ... thanks.

Your ex pays you directly, without going through the court or state disbursement unit?

That is a bad situation for both parents. Basically he will have the burden of proof, however because the payments are not going through the system, you will also have part of the burden to prove what he has and has not paid. You can expect that in court, the Judge will order that payments be made through the support disbursement unit from now on.

I agree with maryjo, apparently you have the wrong form. Follow the link she gave and you'll find the correct FL form, which mentions nothing of a marshall. All you have to do with the form is to attach a copy of the order to it, make copies, file the original with the court and serve your ex with a copy by certified return reciept mail. Talk to your court clerk about setting a hearing date on the motion.

 

[Jaylynnsmommy]

well he works for the Government so obviously he gets a check. But thats what we had agreed on. When we started this I was very weak and abused by him, but over the process, my anger towards him has made me stronger, and thats why now, I'm ready to do what I have to do. at first his support order was very low and I got it talked up a few bucks because he was working a crappy job, and in Florida your payments are based on your wages. SO now that he has a good job that I know he'll be in for a while, I want what is rightfully mine, and I want to get my child support talked up (maybe not at the same time because I'm not getting anything NOW, so its probably pointless to ask for MORE)

With the cash, he doesn't ask for receipts, and I don't think to make them. He lives in Texas now anyways so its not like he's giving me cash anymore. BUT I have documents upon documents out the wazu so I think I'll be okay !

 

[Jaylynnsmommy]

Your ex pays you directly, without going through the court or state disbursement unit?

That is a bad situation for both parents. Basically he will have the burden of proof, however because the payments are not going through the system, you will also have part of the burden to prove what he has and has not paid. You can expect that in court, the Judge will order that payments be made through the support disbursement unit from now on.

I agree with maryjo, apparently you have the wrong form. Follow the link she gave and you'll find the correct FL form, which mentions nothing of a marshall. All you have to do with the form is to attach a copy of the order to it, make copies, file the original with the court and serve your ex with a copy by certified return reciept mail. Talk to your court clerk about setting a hearing date on the motion.

I need to get a new lawyer or something then because my lawyer said NOTHING about going through a system for this. I never even heard about it until a friend of mine told me she used it because her ex dodges the system and moves around. Thats odd... I'm kind of upset now. I WILL however use the form y'all told me to use...that makes a lot more sense than the other one ! I will check into the system thing though ... does anyone have a website for it though ? a lot of people try to imitate these websites and make you pay and stuff...


p.s. Gracie3787, congrats on the new grandbaby !

 

[Gracie3787]

I need to get a new lawyer or something then because my lawyer said NOTHING about going through a system for this. I never even heard about it until a friend of mine told me she used it because her ex dodges the system and moves around. Thats odd... I'm kind of upset now. I WILL however use the form y'all told me to use...that makes a lot more sense than the other one ! I will check into the system thing though ... does anyone have a website for it though ? a lot of people try to imitate these websites and make you pay and stuff...


p.s. Gracie3787, congrats on the new grandbaby !

The reason that the payments aren't going through the SDU is because you and ex agreed to not go through the SDU. However, that can easily be changed at the contempt hearing. Also, an IDO (income deduction order) can be ordered at the same time, and all future payments will automatically be garnished from his paycheck. You can read about garnishments and IDOs in chapter 61 of the Florida statutes www.flsenate.gov/STATUTES

Thank you, she hasn't had the baby yet, but it's any day now, I can hardly wait.

 

[Jaylynnsmommy]

The reason that the payments aren't going through the SDU is because you and ex agreed to not go through the SDU. However, that can easily be changed at the contempt hearing. Also, an IDO (income deduction order) can be ordered at the same time, and all future payments will automatically be garnished from his paycheck. You can read about garnishments and IDOs in chapter 61 of the Florida statutes www.flsenate.gov/STATUTES

Thank you, she hasn't had the baby yet, but it's any day now, I can hardly wait.

Ok. That sounds great. Thank you so so much everyone .. you all were a big help.

I bet you can't wait ! Children are such blessings, I'm sure you cant wait to spoil her !

 

[maryjo]

Ummm, Maryjo, NOT everyone gets paid by paycheck. Some are self employed, some are contractors and some work in cash businesses. You can't presume that everyone has the same type of job that your ex does. MY late FIL, for example had a small resale business and had come here from Europe after WW2 and he did everything in cash.

You can still make payements to them ONLINE which was my point. You dont have to have it coming straight from your paycheck. But he DOES need to do it through the disbursment unit because he is going to get screwed if he doesnt.

Why do you assume that I would presume that everyone has the same type job that my ex has? Thats an odd conclusion to jump to.