My husband and I have always lived up to our obligation and paid child support for his oldest daughter. We never would not pay or have her in our lives. Her mother on the other hand was receiving our child support when my step daughter wasn't even living with her. My husband and his parents wanted her to go to a decent school so it shows that her address was her grandparents house which she was 90% of the time over with them or at our house. The grand parents paid for most of her clothing, school expenses, and activities. We didn't want to cause issues with my husbands ex nor did his parents so we just let it go. Needless to say, I got pregnant with our third child and decided to quit work. My husbands ex was extremely nice and said we could stop paying child support for a bit.She was remarried to someone with money. Well, this was her 4 marriage and of course it ended. I knew we should of got something in writing because a week before she turned 18 she had my husbands payroll garnished what she said was back child support. First, even though she did key us go without paying for a few years .... All those years we were paying her and shouldn't of been. Now she is 24 and still paying child support. My husband again doesnt want to cause issues. All these years we have never claimed her on our taxes always had her insured under our insurance and gave her extra money when needed. Does she have a case because she is saying we hardly ever paid our support and we always have but we usually paid with checks or cash and never held onto receipts. Never thought she would be so devious and downright lie. What's our recourse??
You are being far too passive
Go to court. Hire an attorney. At 24 child support should end (after college for sure) and back support evidence needs to be developed.
Sounds like an arrears issue. Don't know how much went through SDU, if any. Need to motion up an accounting if that's the case and get this taken care of. Otherwise 9% interest is tacked on to all unpaid amounts, it CAN'T be discharged in bankruptcy, and no statute of limitations on how long you can wait to enforce it.
Talk to a family law attorney in your area for specific guidance.
You may have had defenses before but never went to court before. So this is the grim picture.
1. The time the ex said your husband didn't have to pay does not count unless you had a court order.
2. The time the had her live at her grandparents doesn't count. The grandparents did not have to support her just because she was living there. The father owed the duty if support no matter where his daughter lived period.
3. If you did not keep receipts for cash (why would heavy with cash) or copies of necks and have no evidence of payments he is pretty much in a bad position here.
4. The fact that he has more children is irrelevant to the issue of arrearages.
5. The fact that she is now 24 is irrelevant to the arrearages..
6. If anyone lied that she was legally living with her grandparents and that they had custody but really did not, they could become liable to pay the school district she went to for her four years of education there. That would be a hefty bill of probably something like 60,000 or even more.
7. The facts in #6 could also be fraud and perhaps might possibly even have criminal liability.
8. You have implicated your husband in a public forum.
9. The fact that you quit work is not relevant.
So stop posting about facts that could get your husband in trouble. Go in with him to a lawyers office for a consultation.
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You have a lot of issues in your case. It sounds like your saying your husband has paid a lot of child support. The ex is claiming he did not pay. If the court enters a rule to show cause, the burden will be shifted to your husband to show by clear and convincing evidence that he paid. You should get all the documents proving payment as soon as possible. Your husband should immediately consult an attorney for more information as the effect of a rule issuing could be dire in your husband's case. I am in your area if you need more help.
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