Child support record keeping!


#1

I have a question regarding child support payments and documenting them. My fiance’ makes child support payments to his ex-wife by depositing cash into her bank account every month. He keeps some receipts but not all.

In their divorce agreement, he agreed to pay $1,494 a month to be recalculated every year and adjusted up or down accordingly based on the child support calculator. After the first year of divorce, his income dropped substantially making payments to her much less than the original $1,494 but he paid what he was suppose to…if not more based on the child support calculator. He had both kids 50% of time throughout and now the oldest child lives with us full time and we see the youngest as much as we can because he lives in a different state.

Now she is saying that my fiance’ owes $33,000 in back child support because she is not taking into account that the rate is adjusted accordingly every year based on his income and the fact that the oldest child has been living with us for a year and a half.

We know he will need to supply proof of income over the years and proof of child support. My biggest concern is that he will not have documented by check per say because he always deposited cash. Can she say that he never paid her? If taken to court, she would have to lie on the stand to prove him wrong. She is fully aware that payments made to her were for Child support and nothing else.

What do we do? Thank you.


#2

If the mother files a breach of contract action seeking arrearages in child support the father will be able to obtain all of the mother’s bank records to show the deposits were made. The father can testify to the fact that he made regular cash deposits and his testimony will be supported by the bank records.