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Child support Arreas??

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sourpatch_babe

Junior Member
What is the name of your state (only U.S. law)? FL

I posted another question regarding visitations for my husband and his daughter from his first marriage. I'm the one asking the questions because my husband is away in the military and has sporadic access to the internet. His divorce paperwork (divorced 12 years ago, if that makes any difference) set the amount of child support but it didn't specify that my husband had to pay it to the court. He always wrote his exwife a personal check for the amount and every so often he has raised the amount that he gives her (whether it's been her asking for more, or him getting a better job).

Right now he pays about triple what the papers said originally. He's kept each and every single checkbook since the divorce (has the checks with the copy, not the actual cashed check copy from the bank). He was just told that because the money came from his personal account and wasn't taken out of his paycheck/payable to the clerk of court, his exwife can take him to court and sue for arreas all the way back to the divorce. That a personal check is seen as a "gift" and not as child support. Is that correct? He's never been late and always gives the mom extra money for christmas/school/after school activities/braces etc. when the situations come.
 


Humusluvr

Senior Member
What is the name of your state (only U.S. law)? FL

I posted another question regarding visitations for my husband and his daughter from his first marriage. I'm the one asking the questions because my husband is away in the military and has sporadic access to the internet. His divorce paperwork (divorced 12 years ago, if that makes any difference) set the amount of child support but it didn't specify that my husband had to pay it to the court. He always wrote his exwife a personal check for the amount and every so often he has raised the amount that he gives her (whether it's been her asking for more, or him getting a better job).

Right now he pays about triple what the papers said originally. He's kept each and every single checkbook since the divorce (has the checks with the copy, not the actual cashed check copy from the bank). He was just told that because the money came from his personal account and wasn't taken out of his paycheck/payable to the clerk of court, his exwife can take him to court and sue for arreas all the way back to the divorce. That a personal check is seen as a "gift" and not as child support. Is that correct? He's never been late and always gives the mom extra money for christmas/school/after school activities/braces etc. when the situations come.
If a wage garnishment was not ordered, and dad can prove all his payments - then mom is blowing smoke.
 

sourpatch_babe

Junior Member
Phew! Thanks, that takes a load off my mind. We've been walking on eggshells around her because if this were true, we're talking thousands of dollars that we can't afford. Heck, we almost went into foreclosure twice this year due to the economy and the husband losing his business. A hit like that would push us into financial ruin.
 
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Humusluvr

Senior Member
Phew! Thanks, that takes a load off my mind. We've been walking on eggshells around her because if this were true, we're talking thousands of dollars that we can't afford. Heck, we almost went into foreclosure twice this year due to the economy and the husband losing his business. A hit like that would push us into financial ruin.
The times it would be considered a gift is if dad was giving money that is not court ordered. Technically, he only owes what is court ordered - however mom could always file to have child support examine his current earnings. As long as dad is paying his court ordered amount and can prove it - he is in the right.
 

sourpatch_babe

Junior Member
Yes he did. He always notates on the memo section what the check is for. even the checks for school clothes, her piano, braces, they all say on the memo line what it's for. His current earnings right now are about 1/4 of what they were a year ago this time. He had to join the army and the only income that he gets from there that could be counted is like 1500 a month. And we have two young children together as well. I don't know if the mom would go that route since it would drastically reduce the amount she's getting now, but with her it's always a good idea to be ready for anything.
 
Your first move should be to contact the District Court Clerk of the county where the divorce was finalized in, and the CS ordered. Give the clerk the necessary information so he/she can look up the case. Ask this person if you can bring, mail copies of, scan and email copies of, all of the carbons from the checks, to show that CS has been paid all of this time.

Let the clerk know that there are no stipulations in the orders that state the CS payments must be directed to their office. While sending them directly to her is a very bad idea, you still have proof it is has been paid. CS payments should always be directed through the clerk's office, so it can be recorded that CS has been paid, and is current/in arrears.

So long as this is acceptable, do as the clerk asks. After calculation, you may find that there is a substantial overpayment, and your husband can then revert back to the ordered amount to be sent to the clerk's office, without penalties from the court.
 

Humusluvr

Senior Member
Your first move should be to contact the District Court Clerk of the county where the divorce was finalized in, and the CS ordered. Give the clerk the necessary information so he/she can look up the case. Ask this person if you can bring, mail copies of, scan and email copies of, all of the carbons from the checks, to show that CS has been paid all of this time.

Let the clerk know that there are no stipulations in the orders that state the CS payments must be directed to their office. While sending them directly to her is a very bad idea, you still have proof it is has been paid. CS payments should always be directed through the clerk's office, so it can be recorded that CS has been paid, and is current/in arrears.

So long as this is acceptable, do as the clerk asks. After calculation, you may find that there is a substantial overpayment, and your husband can then revert back to the ordered amount to be sent to the clerk's office, without penalties from the court.
Actually, I wouldn't even poke a sleeping dog.

He was just told that because the money came from his personal account and wasn't taken out of his paycheck/payable to the clerk of court, his exwife can take him to court and sue for arreas all the way back to the divorce. That a personal check is seen as a "gift" and not as child support. Is that correct?
Who told him that? Just tell them they are wrong. You don't have to take it to court.
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? FL

I posted another question regarding visitations for my husband and his daughter from his first marriage. I'm the one asking the questions because my husband is away in the military and has sporadic access to the internet. His divorce paperwork (divorced 12 years ago, if that makes any difference) set the amount of child support but it didn't specify that my husband had to pay it to the court. He always wrote his exwife a personal check for the amount and every so often he has raised the amount that he gives her (whether it's been her asking for more, or him getting a better job).

Right now he pays about triple what the papers said originally. He's kept each and every single checkbook since the divorce (has the checks with the copy, not the actual cashed check copy from the bank). He was just told that because the money came from his personal account and wasn't taken out of his paycheck/payable to the clerk of court, his exwife can take him to court and sue for arreas all the way back to the divorce. That a personal check is seen as a "gift" and not as child support. Is that correct? He's never been late and always gives the mom extra money for christmas/school/after school activities/braces etc. when the situations come.
12 years ago the law that requires garnishment and payment through the court/state SDU, didn't exist. So as long as he can prove payments, he won't have a problem.

He should make sure that nothing happens to the reciepts. It's a good idea for him to have a safe deposit box at a bank where he can store the reciepts. I learned that the hard way when I lost alot of important papers in the 3 hurricanes in 2004.
 

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