Need your opinion/advice

[kaylene99]

Divorce and support orders were done in GA but all parties are now in FL.

Per support order, hubby is to pay CS thru allotment. At the time he was going to set this up, ex-wife was in the process of moving to FL. Hubby (my boyfriend at the time) was about to be deployed, too. They talked and he agreed to the move thinking it will benefit the kids (her getting a new job, living close to family members, etc). She then asked him if he could just send her checks because that's what's convenient for her at the time as she has not established a new bank account yet. On his behalf and while he was deployed, I sent her the checks noting "for child support" on every single one. When he came back from deployment and received a new bank account number from ex-wife, he set up the allotment and that's the way CS is paid eversince.

Anyway, due to that whole situation years ago, hubby's payment record shows an arrearage. We have sent the support receiver's office (not an enforcement office) copies of all cashed checks. They have put a notation on the payment record. In fact, hubby overpaid ex-wife!

Our concern is, when she does file for a CS increase, this arrearage will show up and hubby may be required to pay them all over again. Yes, he didn't follow what was on the decree at the time (big mistake!) due to both of their circumstances but he still did the right thing by sending her the CS timely.  I hope that will mean something to the court/judge when the time comes.

Soc, what would you advise for hubby to do at this time?  Should we wait till ex-wife files for a CS increase?  Is it to hubby's advantage to get payment record corrected by GA or by FL?

Thank you as always!

[socrateaser]

Keep the checks (or copies of backs and fronts). As long as you have credible proof of payment, you'll be ok.

[kaylene99]

So, I guess it's best for us to sit back and wait for her to file?  She will have to petition the GA court to release jurisdiction to FL or transfer the case to FL directly.  Either way, I see a lot of driving for her to do + lawyer's fees.

Are you familiar at all with FL laws?  Just wondering if there's a case law dealing with child support being deemed as a gift and the circumstances allowing so.

Thanks for your help.

[socrateaser]

I suspect that you are thinking about OH law, where any support not paid via the State's collection agency, is automatically deemed a "gift."

I don't know if FL law is in accord, but I doubt it. OH's law is irrational and I'm certain it could be challenged constitutionally.

[Kitty C.]

Even as far back as 11 years ago, I was told by the clerk of court here in Iowa that if DS's dad gave me ANY money without it coming thru their office (later to be transferred to CSRU), it was considered a gift as well.  At least I was decent and reported it to the clerk's office so that it got recorded, cuz one month he sent a check late and sent it directly to me instead of them.  Then I told him that from then on they ALL had to go thru the clerk's office so it was recorded.

[leskash]

In WA the court ordered form states "A party required to make payments to the Washington State Support Registry will not receive credit for a payment made to any other party or entity" but in reality if you have a statement from CP or cancelled checks you could prove payments.  It doesn't state it is a gift thank goodness. J

[kaylene99]

The child support order was done in GA but, in order to make a modification, case has to be registered in FL with GA releasing jurisdiction since all parties live in FL now, correct?  That is, at least, my understanding.

The GA support (not CSE) office did take all of the cashed check copies we sent them and put a notation on hubby's payment record that they have the copies and the total amount of these cashed checks.  I'm hoping that would be sufficient enough to show the judge that he indeed paid his court-ordered child support although he naively didn't do it the way the court wanted him for the first several months.  The ex-wife cashed every single check knowing very well that every single one was intended as child support.  I find it very hard to believe that these will be counted as "gifts" because of their regular pattern (same date, amount, notation).  Besides, ex-wife has not complained of ANY delay or non-receipt of CS since divorce over the years!  Trust me, if she misses a dime, we will know of it.

If you guys could help look for a case law surrounding the same situation in FL or GA, that would be great.  Better yet, if you guys have direct contact with any FL or GA lawyer who's knowledgeable about this, I would appreciate soliciting their legal opinion.

Thanks!

[DK]

I am in FL.  My DH was laid off in 2000.  Since wages were garnished at the time we had no idea we could mail our personal check directly to the state.  (I know, dumb)  When DH went for custody modification the arrears came up.  We showed the judge our reciepts written and signed by BM.  Plus the backs and fronts of checks.  Judgment was ZERO arrears.  (Yes, BM hand wrote receipts and still went for arrears)

[bat-mite]

dont blame so quickly the  bio-mom for going after arrears, most likely its the dept of revenue on behalf of the mom and they take action without telling the custodial parent what there doing and incourage them not to appear in court.


 a friend of mine had stopped receiving support and a hearing was held
the father appeared in court and she did as well(after being told she didnt have to go) turns out the father had injuried himself and was out of work. the state wanted him locked up but,  she stood up and said no, if he's locked up it would make it harder for him to find work and would not benefit there children, when they left the court room the attorney asked her why she did that and not to come to court anymore

many bio-moms dont realize that the attorneys are acting on there behalf and they have a say so, most arent aware of what the atttorney
are doing to there childrens father

[DK]

The BM went after the arrears.  BM did not acknowledge her own hand written signed receipts.  BM met with me (the new wife) and not my DH to try to resolve before court.  BM still did not "remember" writing the receipts.  BM stated, "we will have to go in front of the judge to resolve this because I don't remember receiving money for X,Y, and Z month and I  don't have the reciept book these receipts were written from so I don't know where they came from.  A judge is third party so a judge will decide if DH owes or not."  The judge decided DH does not owe and BM now owes our attorny court fees from Febuary 2004.  She did not show up for court.  Has not brought up the issue again.  And has not paid our attorny.  I did not judge BM, I stated the facts of my DH's case.