child support lies....reimbursement?

[rl1974]

I am in Indiana and had a question regarding my child support. I am currently in the process of modifying my child support due to my ex's lies about daycare expenses, among other things. She originally claimed (without ever having proof) that her daycare expenses were $200 per week. I argued this because it was not work related child care expenses (as required in Indiana), as well as an inflated amount. She works for her father's company (as she did when we were married) and gets paid a 40 hour/week paycheck, but she only works one day a week. I was told by my lawyer at that time that he was fighting this and other issues, but the next thing I know, I received a copy of the decree in the mail saying it had been filed. I immediately called my attorney who basically refused to answer why this happened, and in fact told me that he could no longer represent me because he was now representing my wife's attorney in another matter. I retained a new lawyer, and am fighting to have many things in the decree changed. My new attorney informed me that when he went to obtain the official records of my decree that there was no copy of the child support worksheet attached as there should be by law. He said that I may not even be obligated to pay it because of this, but he directed me to continue to do so just to be safe. Also, he told me that my signiture was nowhere to be found on any document, which I had told him there would not be because I never agreed to or signed anything. In our current proceedings my lawyer has requested at least 3 to 4 times for my ex to prove daycare costs with cancelled checks, receipts, etc. She has made repeated attempts to just SAY that it is $200 a week (it worked before), or even have her friends write letters saying that she pays them $75 for one day of babysitting (she has admitted to only working 1 day a week), and making other claims to payment of daycare. She has yet to provide any court recognized proof, and has even said, "Well just throw it our of the figures," for our current recalculation. Even her taxes for 2005 only reflect a total of about $290 dollars of childcare for the whole year! I feel that because she cannot prove that she EVER paid $200 a week for daycare either before, during, or after our divorce, that it is obvious she has LIED about the figures to increase the child support. I feel that I should be reimbursed by her for the nearly $15,000-$20,000 (or whatever the exact figure works out to be) that I have essentially overpaid due to her lies. I have no problem paying what I am required for my children, but when she works only 1 day per week and gets paid for 40 hrs., and has her wealthy parents pay her way on everything (remodling her nearly $200,000 dollar home, paying for multiple trips across the US, giving her a $50,000 dollar "company" vehicle to drive around in, paying for her WEEKLY shopping sprees to the mall on Friday's, and the list goes on), I really feel that I have been taken on this issue, and essentially had money stolen from me by her lies. I was wondering if it is possible to be reimbursed in some way for her lies? I was told by one person online (I'm not sure what state they were in) that the court ruled that the ex-wife had to pay back this gentleman the amount her lies had cost him in child support. He said that they set up a plan where he paid the full amount of his newly adjusted child support, but then the child support office would cut a percentage of that check back to him until he was fully reimbursed for what he overpaid. I am in Indiana, and I am unable to find any info about whether some form of reimbursement is possible here or not. Does anyone have any information that I could use, or at least direct me to where I could find out? I'd appreciate any help.

 

[gearhart7]

My husband has the same problem with daycare expenses from an ex who says she pays $80.00 a week for a child (soon to be 13) who goes to school all day. Mother works full-time job. She even had her sister who supposededly supplies daycare for her adjust her own tax return to show that she pays for it. Our problem with our attorney was that he wouldn't fight against the daycare expense because my husband owed arrearages that we paid about a week before court.

I have heard from some courts (IN) that you need to keep track of overpayment because if you overpay that you have to take her to court to get it back. Have you tried to subpoena the daycare? I would think that if you can't back it up with documents that it wouldn't be legal to use it. But most judges can do whatever they want, regardless what the law says. When we tried to have my husband's support lowered, they used the arrearages against him and only lowered his support $20 a week when it should have been over $40 a week. The judge wanted to use it to prove a point. We were told by our attorney that we will have to hire a private investigator to find out anything. Which is crap.

Have you tried to contact your child support office to ask questions about reimbursement? If you find anything out, please post it. We would like to know the outcome.

Sorry I couldn't help any!!!
Gearhart7

 

[seniorjudge]

I am in Indiana and had a question regarding my child support. I am currently in the process of modifying my child support due to my ex's lies about daycare expenses, among other things. She originally claimed (without ever having proof) that her daycare expenses were $200 per week. I argued this because it was not work related child care expenses (as required in Indiana), as well as an inflated amount. She works for her father's company (as she did when we were married) and gets paid a 40 hour/week paycheck, but she only works one day a week. I was told by my lawyer at that time that he was fighting this and other issues, but the next thing I know, I received a copy of the decree in the mail saying it had been filed. I immediately called my attorney who basically refused to answer why this happened, and in fact told me that he could no longer represent me because he was now representing my wife's attorney in another matter. I retained a new lawyer, and am fighting to have many things in the decree changed. My new attorney informed me that when he went to obtain the official records of my decree that there was no copy of the child support worksheet attached as there should be by law. He said that I may not even be obligated to pay it because of this, but he directed me to continue to do so just to be safe. Also, he told me that my signiture was nowhere to be found on any document, which I had told him there would not be because I never agreed to or signed anything. In our current proceedings my lawyer has requested at least 3 to 4 times for my ex to prove daycare costs with cancelled checks, receipts, etc. She has made repeated attempts to just SAY that it is $200 a week (it worked before), or even have her friends write letters saying that she pays them $75 for one day of babysitting (she has admitted to only working 1 day a week), and making other claims to payment of daycare. She has yet to provide any court recognized proof, and has even said, "Well just throw it our of the figures," for our current recalculation. Even her taxes for 2005 only reflect a total of about $290 dollars of childcare for the whole year! I feel that because she cannot prove that she EVER paid $200 a week for daycare either before, during, or after our divorce, that it is obvious she has LIED about the figures to increase the child support. I feel that I should be reimbursed by her for the nearly $15,000-$20,000 (or whatever the exact figure works out to be) that I have essentially overpaid due to her lies. I have no problem paying what I am required for my children, but when she works only 1 day per week and gets paid for 40 hrs., and has her wealthy parents pay her way on everything (remodling her nearly $200,000 dollar home, paying for multiple trips across the US, giving her a $50,000 dollar "company" vehicle to drive around in, paying for her WEEKLY shopping sprees to the mall on Friday's, and the list goes on), I really feel that I have been taken on this issue, and essentially had money stolen from me by her lies. I was wondering if it is possible to be reimbursed in some way for her lies? I was told by one person online (I'm not sure what state they were in) that the court ruled that the ex-wife had to pay back this gentleman the amount her lies had cost him in child support. He said that they set up a plan where he paid the full amount of his newly adjusted child support, but then the child support office would cut a percentage of that check back to him until he was fully reimbursed for what he overpaid. I am in Indiana, and I am unable to find any info about whether some form of reimbursement is possible here or not. Does anyone have any information that I could use, or at least direct me to where I could find out? I'd appreciate any help.

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