QUESTION
What legal step should I make if the state child support portal wants me to pay even if I already paid directly to my ex-wife?
Asked on Nov 30th, 2013 on Divorce - Florida
More details to this question:
I agreed to pay my ex directly every month because she requested I do so. The divorce decree states I should pay directly through the state child support portal. I have been paying her directly ever since our divorce was finalized in April 2008. Recently it has become clear that going through the state to make child support payments would be in my best interest as it becomes difficult to deal with my ex and I would like to limit my communications to her to only discussing the children. Since I have cancelled checks as records (with it noted on the check "November child support" for example). Can the courts say that I haven't been paying child support but giving my ex a "gift" and make me pay her again? This would be financially devastating for me as I have been faithfully paying the same amount of child support for 4 years even though I make about half of what I did back then.
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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begin paying through MISDU.. immediately contact them for instructions. Assert that you have always paid directly.. then File a motion in the court to confirm that in the future you will make all payments through MISDU and to show that you already paid all past. As a part of that motion ask for your child support amount to be re-evaluated due to your change in income. You could substantially cut your financial obligations.
Answered on Dec 04th, 2013 at 11:04 PM
As long as checks are notated as for support you should be all right but you need to get the proof to the state asap to prevent any collection efforts. If you make less now, you should request a modification of the support .
Answered on Dec 04th, 2013 at 11:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with the child support people in person. Bring all of the pertinent cancelled checks with you. And start paying through the state immediately. If the child support agency won't help you, then you may need to get a local attorney to help you sort it out.
Answered on Dec 04th, 2013 at 11:03 PM
As long as you can prove to the court that you have paid, you should not have to pay twice. If you want to pay through the child support portal, give them a telephone call to make the necessary arrangements.
Answered on Dec 04th, 2013 at 11:01 PM