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Can she ask for proof of 6 years of payments?

Started by TooSad, Oct 25, 2012, 08:15:26 AM

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TooSad

I have had to pay 20% (about $560 two times a month right now) for the last 6 years.  Each time I got a raise I increased her support.  She's never asked for a check stubb or anything.  She's never allowed me to be even a day late or she'd send threatening emails.

Now with only a short time of support left, she is desperate to find money owed to her.  She has asked for copies of 6 years of cancelled checks.  I've not kept the checks (although I have most of the duplicate copies from this year and last). 

Will the courts make me produce this?  If I'd missed any payments she would have drug me into court immediately.  And I haven't missed any payments.  Prior to 2010 she was on automatic bill payment but I'd still have to get all those payments from the bank (with a hefty charge).

ocean

LOL..no. Tell her to look at her bank statements when she CASHED all your checks.
I would get the evidence from the banks as far back as they will allow you to go. Usually you can order the last 18 months and then call for further back. If you know the exact amount of each check and it is a weird amount, you can ask for all checks with that amount. If you have check numbers, ask for them that way.

You ALWAYS keep the evidence even if your "children" are over 18. You never know what the ex will do but you do not have to hand over anything to her. Nothing will happen to you if you were a few days late. Child support waits until 30 days late so she has conned you all this time. The only thing the courts will do, is have it go through child support so they keep track and she does not call the shots anymore. Maybe that is better for you....

TooSad

So you do think we might have to show every check since 2004?  I know we can find them all, but the bank charges $30 an hour for the research. 

ocean

I would go and get the ones the bank will give your for free and wait until she brings you to court. Every check you send her,print out from now on and keep in binder. Do not give her anything. She has proof in her own account from the deposits. If/When you go to court, bring what you have and see how it goes. Nothing ever happens in family court at the first hearing and you can ask then if the judge wants it. You can ask her under oath if she has gotten XX amount every Friday (or whenever) and have her lie on stand then counter with the last 18 months of proof you have.
You can email her back:
Ex,
As you know you have always received the child support on time every Friday and should have it in your bank records each week as a deposit for proof. If you are going to play games, I will ask the state to take over our case for child support so their is an accurate record at all times. I hope we can get through the next xx years without court input as we have not needed them but if you harass me anymore about this, I will be forced to file a petition for them to take over.
You