Family Law

questions & answers

Question: i have paid a large sum of money to the back child support i owe however the mother of the children will not fill out an affidavit to give me credit. can i file a motion to see if the court will grant that so i can clear up the back support. i have clear proof in my bank account the she got the money direct to her bank account, she gave me credit for two of the payments but refuses to do the rest and it is over $2000.00. i do not have the money for an attorney and will have to do the filing my self so i need to know how and what forms.

Answer: The best way to handle child support is to pay everything through the court.  That way, there is no question that you have paid.  Paying the other parent directly can be risky.  If you have all your financial records showing checks made out to the mother and bank statements showing the checks were cashed, you can use those documents to ask the court to consider the sums paid.  In your case, your direct deposit records should be enough.  People who pay cash may end up as having gifted the other parent with the money.  You can get certified copies of the bank records and submit them to court to demonstrate payment.

QUESTIONS

  • i have paid a large sum of money to the back child support i owe however the mother of the children will not fill out an affidavit to give me credit. can i file a motion to see if the court will grant that so i can clear up the back support. i have clear proof in my bank account the she got the money direct to her bank account, she gave me credit for two of the payments but refuses to do the rest and it is over $2000.00. i do not have the money for an attorney and will have to do the filing my self so i need to know how and what forms.

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