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| Child Custody & Support Child custody, support and visitation. |
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#1 |
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Posts: n/a
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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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#2 |
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Posts: n/a
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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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