do i have to prove he doesnt pay me ?

[Jaylynnsmommy]

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.

 

[NSA4answers]

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.

The burden of proof is on the obligor. Which means, he has to prove what he has paid you.

 

[Jaylynnsmommy]

So then he would have to go to his bank and try to find a copy of any check he ever gave me ? Thats interesting...

so what happens if he cant prove he paid me ANYTHING ?
(wouldn't be huge. she's 19 months and I've only seen about $600)

 

[NSA4answers]

So then he would have to go to his bank and try to find a copy of any check he ever gave me ? Thats interesting...

so what happens if he cant prove he paid me ANYTHING ?
(wouldn't be huge. she's 19 months and I've only seen about $600)

Then he doesn't get credit for having paid anything.

However, I have always kept a record of what I've been paid in child support also, for my records. I would give him credit in court for what he's paid. BUT... the burden of proof is on him bottom line.

My ex gave me $600 in cash once and I recorded it. I'm not trying to screw him ya know, I'm an honest person.

 

[Jaylynnsmommy]

Then he doesn't get credit for having paid anything.

However, I have always kept a record of what I've been paid in child support also, for my records. I would give him credit in court for what he's paid. BUT... the burden of proof is on him bottom line.

My ex gave me $600 in cash once and I recorded it. I'm not trying to screw him ya know, I'm an honest person.

Well thats what I did the other day, I took my notebook and created a spreadsheet. He's supposed to pay me every Friday before noon(so i can get to the bank and not have to wait all weekend). So I made a spreadsheet of every Friday since we signed the papers until yesterday so that it would make more sense to a judge or whomever if we went to court because my notebook contains a lot of emotional rambling and anger.

I'm not that type of person either. He was really far behind once, and he showed up and wrote my dad a check for $20, and I recorded it. I didn't bother recording any cash he ever gave me because I never wrote it down and I don't remember how much or when he gave it to me. But I figure thats his fault it wasn't a check right ?

I printed papers off the internet today that are motion for contempt of court order. It said that I have to write a letter to the Marshal or something like that ... do you know what that is ? And if so, what or who exactly is the Marshal and what do they want to know ?

 

[2Mistakes]

Is there a court order for support?

It was pretty dumb of him to give you cash and not get a receipt, but I also think it's pretty crappy of you to not count the cash he gave you. If you know he gave you cash, and you say he hasn't, that is LYING.

 

[Jaylynnsmommy]

Yes, he has had a court order since Dec. 1st of 2006.

Its just hard to keep track of ALL the cash, because he's supposed to bring the checks to my house. (he had visitation Friday afternoons, so he'd just drop off the check when he picked her up) But he would give me a 10 or something if he saw me in the mall or w/e. Sometimes I just wouldn't remember he gave it to me, because I always had my notebook ready when he dropped off the check so I could write it down. I don't mean that I do it on purpose of COURSE...that would be very wrong of me, its just that sometimes i forget .. and I don't want to give him any MORE or any LESS than he deserves. And if we DO go to court I would make that clear to the judge that he had given me some amount of cash ..

 

[NSA4answers]

I printed papers off the internet today that are motion for contempt of court order. It said that I have to write a letter to the Marshal or something like that ... do you know what that is ? And if so, what or who exactly is the Marshal and what do they want to know ?

I have no idea who/what the Marshal is. Maybe one of the seniors who knows Fl. law can help you on that.

I would ASSUME and only assume, that they probably want to know why you are filing comtempt, for what reason, what is being violated, how much in arrears he is, etc etc, neccesary info to a hearing to procede smoothly. THAT however is just a guess. I'd do some more research on google and hopefully a senior can help ya.

 

[Jaylynnsmommy]

well what you said was helpful .. thank you !

i posted a new thread asking for a seniors advice specifically ... so maybe someone can answer the rest of my quesiton .... thank you though !

 

[NSA4answers]

well what you said was helpful .. thank you !

i posted a new thread asking for a seniors advice specifically ... so maybe someone can answer the rest of my quesiton .... thank you though !

Just some advice on posting. The rgulars around here don't like multiple threads... So don't do it.

Sometimes the seniors are not online at night so you may have to wait until tomorrow. The highest reading/posting times are during the week days as well. If it doesn't get answered right away don't feel like it's not going to get answered, someone will come along.

oh and good luck

 

[makesmewannagag]

although I personally believe that you know EXACTLY how much money he has given you, but that you are also aware of the fact that he can't prove it.

I suppose I can help you anyway

I do not believe that you have the correct form.

start here

http://www.flcourts.org/gen_public/family/forms_rules/960.pdf

 

[Jaylynnsmommy]

thanks ... I'll look into that tomorrow !

 

[maryjo]

Why is he paying you cash? Florida has a great child support disbursment unit that keeps track of everything for both of you. I live in Florida and by the time we left mediation we had a plan for child support and he had signed the papers to get it started coming straight from his paycheck to them and then they send me a check. You can even get online and check to see if a payment has been made and to even make payments. You can also sign up for direct deposit so you dont have to wait for a check. But I havent done that yet.

There is no WAY I would be paying or even accepting child support payments made in cash or check directly to me from my ex. Its just not safe for anyone.

I had called the CSDU last year to check on something and they were like "You do know he is ****** behind in child support, right?" Um, no. I wasnt aware he was that much behind. But they did. It makes things SO much easier. They were also calling him as soon as he started falling behind in his payments. I dont think they can MAKE him pay it but they have been keeping him updated in what he is behind on.

Of course, keeping your own records is fine but anyone can lie about it. I hope someone tells your ex to send it through the disbursment unit so he doesnt get screwed.

 

[nextwife]

Why is he paying you cash? Florida has a great child support disbursment unit that keeps track of everything for both of you. I live in Florida and by the time we left mediation we had a plan for child support and he had signed the papers to get it started coming straight from his paycheck to them and then they send me a check. You can even get online and check to see if a payment has been made and to even make payments. You can also sign up for direct deposit so you dont have to wait for a check. But I havent done that yet.

There is no WAY I would be paying or even accepting child support payments made in cash or check directly to me from my ex. Its just not safe for anyone.

I had called the CSDU last year to check on something and they were like "You do know he is ****** behind in child support, right?" Um, no. I wasnt aware he was that much behind. But they did. It makes things SO much easier. They were also calling him as soon as he started falling behind in his payments. I dont think they can MAKE him pay it but they have been keeping him updated in what he is behind on.

Of course, keeping your own records is fine but anyone can lie about it. I hope someone tells your ex to send it through the disbursment unit so he doesnt get screwed.

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.

 

[yolandanewell]

Receipts....

Just a little hint about "receipts" for child support... my ex used to pay in money orders in '05-'06 (prior to DCSS getting involved).. hand them right to me and then make me sign a receipt... MY mistake was I did NOT write exactly what the money was for... so at his contempt hearing he had altered his receipts and written "child support" on all of them - so all of the money given to me was given toward "child support" - even though back in '06 he was also paying small amounts toward a $10,000.00 loan I had taken out during our marriage that was used to pay off his debts... wasn't much but still chapped my hide that he'd not paid what he was claiming - but I couldnt prove otherwise...

Just goes to show that - as petty as it seems - document document document - and make sure that your records match his...