Ok, quick background here: Husband and ex wife have had child support amount set through courts, always taken from husband's check and sent through a clearinghouse.
When husband's ex-wife had deployment papers, they both went to the court, and agreed to stop child support payments since their child would be going back and forth between my husband and the child's grandmother.
Now she is back (after being gone almost two months) due to an injury, and is claiming that my husband owes her back child support, and wants it in cash. I guess her purse got stolen and she needs money now. Wouldnt that be a gift?
She is calling the house and being very rude to our nanny. We have never been on good terms with her, but I think she is crossing the line.
Should my husband tell her she has to go back through the courts to get the support started again?
Is there a way to set up that she cant call while my husband is working?
Im so sick of this drama!
Answers:
That's exactly what your husband should tell her IF the court stopped support. If they did, then he will have an order attesting to such.
Just to add, YOU don't tell her anything. This is not your issue. Just to clarify the issue for some people who keep saying on this forum that %26quot;YOU%26quot; should do something when the %26quot;YOU%26quot; is not a party to the legal issues.
If you went to the court and she agreed to stop the payments, then you owe her no child support. If not, you will most likely be ordered to pay.
WHATEVER you do, DO NOT give this woman anything in cash. It's difficult to prove and the judge will tell you that you should have known better. I see these types of cases all the time. The best thing to do is to only deal with the court. Comply with all aspects of the court order and you will be fine.
If you are not paying now, have the husband go back to court on his own and start them again. Don't wait for her because one - it looks bad and two - she may try to have the initial order altered and that could cost more for you.
As for the calls, tell her not to call anymore. Advise her that you will file harassment charges and get your attorney involved which will cost her even more in the end. If that doesn't work, report her for phone harassment.
Did the court say how long he did not have to pay child support? Anyway I would say that it would have to be up to the court to get it started again. As far as her calling while he is at work, do you have caller ID? If you do don't answer when she calls.
she has to go through the courts if she wants the payments to start again. you should file for a restraining order and block her phone number.
Take it to court again. She is not due back support as there was a court agreement before she left. You can get a restraiing order for certain things like not calling him at work too!
a court order stopped the child support so therefore she isn't eligible for back payments. Check with local police about the nanny recording the conversations with her. --for evidence about harrassment. Different states have different requirements. I'd talk to my lawyer... not about re-establishing payments, but about getting custody away from her. she sounds unstable.
If the court stopped the child support then you need to tell her. Over the phone or in person. If she keeps on bothing you, you might want to noitcefy the court or something like that! This will let her know that you are telling the truth-some people just stay in denile. Tell her that if she wants child support she is going to have to go through the court and maybe you should ask if she is having an hard time that maybe you could help? If not she is being a witch and if you want to fight fire with fire let the judge know that she is harssing you!
Well, you said they wento court to stop child support, so it should be documented that he doesn't owe her. Now that she is back, he should start paying her the amount that went to her through the clearinghouse directly until you go back to court to get it reinstated. (Otherwise, they will probably assess the time she was back anyway. ) Then it can come from out of his check again. Politely ask her not to call you during the hours of _ to _. If she doesn't listen, invest in caller Id and buy a phone that has ringtones you can set. Set her to a distinctive ring, and don't answer. Record how times she calls, report it when you go to court. It's your home, and you can ask her to not call.
You stated that they went back to court to get the child support stopped, temporarily. If it was in the courts and it was agreed by both sides, then she has no leg to stand on.
Depends on the agreements made and what is on paper. I work in child support court all day. Unfortunately, if there is no legal binding agreement, there is no way that the guy can show he isn't supposed to pay each month. Now, if he even paid $1.00, he would need a receipt to show where he has helped with the support over a period of time. Trust me. Judges like receipts.
Good luck. I've seen it all before.
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