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Child Custody & Support Child custody, support and visitation.

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Old Apr 3rd, 2008, 10:55 PM     #1
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Confused Please Help

My husband (Ray) and his ex-wife (Kellie) have a son together. In
their
previous court order it was stated that he was to pay $310 for
childsupport
and $225 for daycare and it is broken down as such on the court order.
However, when the costs started to decrease for daycare, Kellie would
write
letters to him each month telling him what his half was that month for
daycare. Both him and Kellie thought that was what they were supposed
to be
doing. However, since he and I recently got married and Kellie is
bitter
about that, she has now sent her order through the Child Support
Services
office so that they will just garnish his paychecks and she had her
case
modified. The problem is that in doing so she was told that she can
get all
of that back money on the daycare plus interest, even though she never
even
incurred those charges from the daycare and was even told it didn\'t
matter
that she had written him those letters. They told her that since he
knew
the daycare cost had went down that he could\'ve taken her back to
court and
had the order changed, but he didn\'t know back then that that was what
he
was supposed to do and neither did she. They both thought that they
were
doing what they were supposed to be doing, but now that she knows and
is
bitter about our marriage, she is not willing to wave those charges.
Do we
have a chance to fight this in court with the letters that she mailed
and
get those charges and interest dropped? And why wasn\'t it just as
much her
responsibility to notify the courts of the change as it was his, if not
more
so since she is the one who has physical custody and was signing all of
the
paperwork with the daycare centers? Do you think he could really have
to
pay her for costs that she never even incurred and would\'ve never went
to
the benefit of the child? Basically, my most important question is
whether
or not we have a fighting chance in the court room to get these charges

dropped?
Chasity
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Old Apr 4th, 2008, 09:24 PM     #2
tbyte
 
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Default Re: Please Help

Yes, you have a fighting chance, but it all depends upon the fine print in your agreement. Also, if you have the letters from her stating what his costs were, that will probably help you as well.
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