Current Cases - Back Child Support

The following are cases we are watching at the request of the participants.

Please note, because these are ongoing legal cases, we will not give the participants names, nor will we give the exact location of the courts. While we will attempt to give unbiased reports, our readers must realize that we are receiving only one side of the information. I will attempt to locate transcripts, etc; however, I am limited to the amount of research I can do.

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Family Court Case
Issue Back Child Support

Plaintiff claims that defendant did not pay any child support from April 1999 through present.

Defendant claims that although he did not pay required amount of child support, based on pay while an active member in the U.S Armed Services, he did pay support. Defendant also declared in court that he admitted to not paying support when he was not working, however he paid the recommended 25% of his wages when he did work.

Findings by examiner: Even though plaintiff and defendant lived together for 6 months after the divorce was finalized, the money the defendant put into the household did not apply. Additionally, despite the fact that the defendant had given money to other persons to give to plaintiff, the court found that the defendant could not prove that the money was not a gift rather than child support, nor could the defendant prove that the person in turn gave the money to the plaintiff. Although defendant maintained that his continuous payment of plaintiffs’ car payment was due to a mutual agreement between plaintiff and defendant as part of child support, the court found the continuous payments as a gift. Despite the fact that defendant’s wages fall into poverty level, court found for the plaintiff.

MY VIEWS

* Disclaimer: Be advised these are only my opinions on the matter; these opinions are not to be conceived as a legal opinion on the subject matter. I stress I am not a lawyer, nor should this be conceived as legal advice, it is mere layman opinion!

There are issues in this case that have fallen into other areas of the law, issues that I feel need to be refrained from disclosure at this point in time. However, after researching through LexisOneI have learned that many similar issues have already been dealt with in the defendant's favor via appellate court. Since appellate court has dealt with the issues in the past, this law examiner is guilty of wasting taxpayer’s money, for the defendant did pose his appeal at the end of his appearance. I also feel that the Defendant was wrong, when he could not afford to pay he should have immediately gone into court and asked for a reduction. Similarly, he should have gotten receipts for all payments and written, signed and notarized documentation regarding any payments to the plaintiff in regards to their being appropriated as child support payments. Finally, I feel that the plaintiff has made a mockery out of our legal system by claiming never to have been paid while there was distinct evidence that payments were made.

I believe that despite the forward strides for securing adequate child support, which by the way I am in total support of, that our legislation and Judicial system needs a good restructuring.

This case is going to be appealed.

Child Support

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