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Child Support in NY

Discussion in 'Child Support' started by formermarine81, Aug 29, 2011.

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  1. formermarine81

    formermarine81 Law Topic Starter New Member

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    Hi my ex fiancee and I are currently in a custody dispute. It has become apparent to myself and her family that my childs mother has an alcohol problem which has gotten out of control and that she also started doing other drugs such as cocaine.

    2 weeks ago I went to the court house with my daughter and filed for child custody and a modification of child support. Since I had to enroll my daughter in day care I thought it best to petition the court to modify child support so that I wouldn't have to pay my ex fiancee anymore money so she wouldn't drink it away or snort it up her nose. I have since retained a lawyer to help me fight for my daughters well being and safety. Last week I received a letter from the court from my ex fiancee who is claiming that I owe her back child support. I have in good faith paid more than I was ordered to by the court.

    I was ordered to pay $275 biweekly in child support back in October when we were getting along and trying to work things out but the problem is that I was going through some financial troubles at the time, and I would occassionaly pay for things via my credit card and not give her a check or give her cash, put gas in her car or pay her care note or other actions of the sort. I would also pay some of her parents bills and the money they owed me, they would give to her in cash, so there is no record (although they realize how messed up their daughter currently is and would most likely be wiliing to testify they did give her the cash they owed me). Only for about half the summer, once I realized things may not work out between us, I refused to pay any of her bills and just handed her a biweekly check. I have documents and verification that I would routinely pay for services and charges incurred by my ex fiancee in lieu of giving her a "full" check of 275.

    I never thought my ex fiancee would hit rock bottom and try to misconstrue the truth just because the entire family realizes what a mess she is now and how much help she really needs.

    So I would like to know, will the court accept my documentation or because I only have a few cleared checks for the $275, will they say I owe her months of child support where I clearly paid for her expenses.

    My lawyer has recently advised me to set aside any child support payments I would need to pay her moving forward just in case even though my daughter is in my care the court would order me to pay support that was in arears since our court date won't be until October.

    Any help would be great, but examples of her bills I paid are; electric bill, groceries, diapers, cell phone bill, car note, gas etc... On any given month I can easily establish she received more than $550 in support from me, but not always in the $275 biweekly check.

    Thanks for the help.
  2. army judge

    army judge Super Moderator

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    Child support means child support, not gas in her tank, diapers for the baby, food, or anything else.

    You need proof you paid her, not proof of services or goods in lieu of cash or check.

    If you lack proof, you have a problem.

    You still owe her.

    So, get ready to pay her.

    In the future, never offer or pay anything except court ordered support.

    What you've given will be considered a gift!!!

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