Child support are payments made from one parent to the child's other parent to cover a portion of the child's expenses. When one parent does not have custody of the child, ordering the noncustodial parent to pay child support is a way of ensuring that he pays his fair share. Child support evasion is a serious charge that can result in wage garnishment, contempt charges or property liens, so it is important that you are able to provide evidence, if that question arises, that you have made child support payments according to the terms of your child support order.
When child support is required, a judge will issue a child support order that provides information about when and how the child support must be paid, as well as the amount that must be paid. In some states, child support is paid directly to the custodial parent, wheras in other states, child support is paid to a state agency. If you owe back child support, your obligations might be paid through garnishment of your wages. It is important that you pay child support according to the specifics of your child support order, including directing the payment to the correct recipient. Paying support directly to the other parent when you are ordered to pay to a state agency, for example, could subject you to contempt charges.
Direct Payment Proof
If you pay child support directly to the other parent, request copies of canceled checks from your bank to demonstrate that the other parent deposited and received the payments. If the checks are deposited in a timely fashion, these checks can demonstrate that you did not pay child support late. Ask your bank to provide the dates that the checks were deposited. If you pay in cash, provide bank statements that illustrate regular withdrawals of cash, but note that cash payments can be more difficult to prove. If you do not have a bank account, pay via money order and save the money order receipts. The receipts can provide proof of payment. You can also subpoena your ex's financial records or bank account information to prove that your payments were deposited.
Deducted Payment Proof
If payments are deducted from your paycheck via a wage garnishment or via other direct payment method, ask the human resources department or the person in charge of paying you for the order that requested the garnishment. Then ask for a receipt or pay stub every time payment is deducted, to provide proof that the payment was deducted.
Government Agency Proof
If you must pay child support to a child support agency, that agency should be able to provide you with records which indicate that you have paid. Your support order should indicate the agency that is in charge of receiving payments. Contact the child support assistance division of this agency and ask for a record of all payments. If the records are inaccurate, request canceled checks from your bank, or provide receipts from money orders which indicate that the payments have been made. Then provide the agency with the proof and ask them, in writing, to correct the records.
References & Resources
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