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Is lying about support payments to gain arrears illegal in FL and under what law?

Here we go. My husband has a son in Florida and has been active duty military. He has paid child support a significant time in the childs life and has even set it up for several months in Virginia and now she is trying to claim that he has never given her a "gd dime" even though we estimate about 6100 off the books. Ladies please advise me if you know what law this is breaking because we need to get this child away from this mother who is shooting up in front of my husbands son and they think he "abandoned him" bc she is full of it (we has adequate proof of most payments)

oh yeah and we found the other stuff out because there is a hearing for dependency.

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Anonymous

Asked by Anonymous at 7:29 AM on May. 28, 2010 in Money & Work

Answers (17)
  • if there is a proof of child support payments then you have nothing to worry about if its illegal. if she is under oath and lies that is illegal to do. so i would hold on to the proof. was the child support done through the courts or on you own?
    lambdarose

    Answer by lambdarose at 7:35 AM on May. 28, 2010

  • he did it on his own up until january of last year when I snapped at him and told he better get his ass down and file it properly on paper somewhere...then he quit paying more money when she went to jail and under florida state law kidnapped his son. there are holes in the support payments ( they are just missing some were cash etc) and we aren't exactly sure how to handle those amounts as she will not agree they were made...do you think his documentation of the date that he gave it to her would be acceptable?
    Anonymous

    Answer by Anonymous at 7:39 AM on May. 28, 2010

  • Cash payments will be considered a gift. Never pay without a receipt (check, money order) I'm surprised the military let him get away without a Court order for child support and proof of payments.

    NO, his documention is not acceptable for proof of CS. The court doesn't know which person is lying so always have official receipts. Get a lawyer and make sure this is done correctly. You can probably write off that 6 thou
    admckenzie

    Answer by admckenzie at 7:51 AM on May. 28, 2010

  • I forgot to answer your question, unless she signed an affidavit saying she has never received anything from him then no she didn't perjure (lie) herself.
    admckenzie

    Answer by admckenzie at 7:54 AM on May. 28, 2010

  • The burden of proof is on him to prove he paid. If he's paid by check than copies of the canceled checks will work. If he paid cash then he's SOL and will know better for next time.
    Anonymous

    Answer by Anonymous at 7:55 AM on May. 28, 2010

  • I agree with admckenzie!! Unfortunately the ex wife KNOWS the "legal loop hole" and knows full well that without proper documentation there is no real proof that she has received any child support. She knows she is lying, but obviously doesn't care. So, unless you have proof to the contrary, she can claim whatever she wants!

    From here on out, your husband needs to obtain the proper documentation of what he owes, and NEVER giver her a penny without some sort of receipt--even a money order comes with a receipt or carbon copy. Your husband needs to learn how to "play the game."
    LoriKeet

    Answer by LoriKeet at 7:56 AM on May. 28, 2010

  • ieas told (in mo) if there is no cs order anything the parent gives to the other parent is simply a gift until it's in writing through a court. it's actually best not to pay until you get a support order and then pay your rears.
    angevil53

    Answer by angevil53 at 8:20 AM on May. 28, 2010

  • If there is no child support established then she can't claim that he didn't pay it at least here in ohio. You have to have an order or else you lose out on it. The arrearage here is only from the date filed so idk about other states.
    carmadsmom

    Answer by carmadsmom at 8:39 AM on May. 28, 2010

  • In florida there doesn't need to be an order but support needs to be paid they said.

    We have good documentation of about 6900 worth, and she did sign a form to the states attorney saying she has never received any money and that my husband abandoned his son and never has done anything to help. And shes already a felon, but there is some documentation
    Anonymous

    Answer by Anonymous at 8:47 AM on May. 28, 2010

  • We have good documentation of about 6900 worth, and she did sign a form to the states attorney saying she has never received any money and that my husband abandoned his son and never has done anything to help. And shes already a felon, but there is some documentation

    What kind of proof do u have?
    threeeunder3

    Answer by threeeunder3 at 8:55 AM on May. 28, 2010

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