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Can she make a valid case for "back support"?

My husbands ex wife is pissed off and now she wants more money! They had a big disagreement about their daughter and now she has opened a support case. About 10 years ago, there was a support order for $352 a month, but she dropped it because he agreed to pay her $400 a month, directly to her. The order is on file with the county, but shows it was withdrawn BY HER...

Also, for an unrelated court case, she wrote a letter for my hubby stating that hubby pays her $400 a month directly.

Now, we are afraid that becasue she is mad, that she will lie and try to get past support, claiming that the past payments were "gifts". Will she have a case? Wont the dropped order and the letter prove that he has been paying her? We do have bank statements, but they only go back a few years, and he has been paying her for 14+ years...

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Anonymous

Asked by Anonymous at 1:45 PM on Sep. 10, 2009 in Money & Work

Answers (4)
  • The letter she wrote probably won't be admissable. I would count on her taking this to court and make sure your husband shows up with all of your information and good luck. Maybe your state is better but in my husband's case not going through the court system cost him another ten grand.
    Anonymous

    Answer by Anonymous at 1:51 PM on Sep. 10, 2009

  • Get an attorney and get all your bank records and canceled checks showing the payments. The letter might be admissible if it was accepted in another court as her signature.  I would think he would win since he can prove.  I doubt a judge is going to believe he gave her a gift every month.lol 


    I would get a support order in place and pay through the courts from now on. 

    Anonymous

    Answer by Anonymous at 2:52 PM on Sep. 10, 2009

  • Yep. Like the first poster said she's got a case, and a pretty good chance of getting it.

    As your husband's ex is aware money not paid through a court ordered child support agreement is considered a gift. Not child support. Sounds like she's done some research and is aware of your state's laws on the matter.

    Yes the judge will be aware of the intent behind the money. That doesn't change the fact that legally it will be considered a gift, and that judges can not act outside of the law. The judge will find his hands tied by your State's laws, no matter what he knows.

    The judge will probably point out to your husband that he should have filed the order as soon as she withdrew hers. That it's his responsiblilty to cover his butt, not his ex's. So that's not going to get you anywhere as far as a defense.

    There *may* be a limit as to how far back she can file, but that varies from state to state.

    desert_diva

    Answer by desert_diva at 4:20 PM on Sep. 10, 2009

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    Lets hope for the best.

    IraqiVetWife

    Answer by IraqiVetWife at 5:04 PM on Sep. 10, 2009

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