QUESTION

What can we do if my husband’s ex wife is filing a lawsuit for back child support?

Asked on Dec 29th, 2013 on Child Custody - Rhode Island
More details to this question:
Hi, my husband’s ex wife is filing a lawsuit against him for back child support in the amount of $22,000 plus. He has been paying. the problem is for a while he was paying her cash and for the last almost 4 years (what we've been together) he sent her money orders and kept the stubs in his work truck, he changed jobs and forgot them and a couple weeks later the cops delivered the court papers and his old boss threw away everything that was left in the truck including the money order stubs. He’s a great dad and she is always making excuses for not letting him get his son. She didn't say anything about him not paying child support until she stole a cell that I and my husband got his son and he held it out of child support. She also has got about 4 loans and credit cards in his name and didn't know till collections called. Can we bring up the credit cards in court and do we have a good case against her?
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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First, your husband screwed up by not paying through the state. The judge may or may not believe him about what he paid, more than likely not because there is no paper proof, except he should get her bank records to see if there were deposits that would have come from him. Second, he should ask for her to be held in contempt for not letting him see his child in accordance with the present child support order. Third, he should contact the police about her filing false applications for credit.
Answered on Jan 02nd, 2014 at 3:31 PM

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The problem with cash and money orders is it's tough to prove payment. First thing he should do is establish a checking account to prevent this from happening in the future. He can request copies of money orders if he remembers the company he used. He can request copies of her bank records and if it shows deposits in the amount of his cash or money order that might help. But he could be on the hook to pay again. The credit card stuff has nothing to do with the issue.
Answered on Jan 02nd, 2014 at 3:27 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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To be painfully honest with you, if he paid child support in cash and his ex-wife won't admit it, AND he has no way of proving (with receipts) that he paid he, he's screwed. As for credit cards she opened in his name, you *can* do something about that, but I wouldn't use the fraudulent credit card accounts as a defense to the child support claims. The fraudulent credit card accounts would be a separate matter. Once you get a judgment against her, I would then argue that they offset what he will end up owing her. Now don't be a tightwad and go meet with a good (not just any) divorce attorney for help. Yes, it'll cost you, but it's money well-invested to ensure you don't worsen your situation by staying ignorant of the law and/or vulnerable to a legal system that isn't kind to men, especially men accused of being deadbeat dads by ex-wives who have no compunction against lying and committing fraud. For the love of humanity, get a good lawyer.
Answered on Jan 02nd, 2014 at 3:11 PM

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