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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16359
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My name is ***** ***** I have been paying child support since

Customer Question

My name is ***** ***** I have been paying child support since 2007 ; for last 5 years i have paid it through Louisiana support enforcement ; the state is stating that i am current in my payments. well my exwife is sueing me for back child support from 8 years
ago she is claiming i owe.So i hired a attorney to represent me . i did not reaslize at the time her attorney and this attorney are in the same building and they are the only two in this building .now i am not accussing any one here but i do not feel that
my attorney is representing very well what can i do i have already given him3000$ and is this even legal for her to sue me after 8 Years ????
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
my attorney is saying i will hae to come up with documents proving i paid 8 years ago
Expert:  Legalease replied 2 years ago.
Hello there-
I am so sorry to hear that this is happening to you, but I can tell you that ex spouses who are custodial parents pull this kind of garbage all the time (I have seen it in every state I practice in and in every state I answer questions in). Your ex can bring you back to court for every payment that she claims she did not receive from the time of your child's birth until the child is 18 years of age. And you will have to give the court proof of every payment that you made to her or the court will force you to pay the amounts all over again and charge you with arrears. This has nothing to do with the attorneys knowing each other and everything to do with the family court heavily favoring the custodial parent (mostly mothers) and letting them get away with things like this. When I advise clients in child support payment situations, I tell them to get a receipt marked "child support" for every payment that you make (you can either use a check or money order for the receipt or you can force your ex to write one for you on threat of nonpayment (because the courts do not like it when the custodial parent refuses to give receipts for child support paid outside of the court system in hand from the non custodial parent)). I have even seen situations where a non custodial parent has given several lump sum payments towards child support and gotten receipts but because the receipts did not specifically state "for child support" and the dates then the ex claims that the payments were for child care expenses or for insurance expenses and the courts believe the custodial parent and make the non custodial parent pay all over again !
My suggestion to you here is to try to find anything that you can going back that far in your records that you might be able to use to prove that you paid these child support payments. The only way the court will let you off the hook on these payments is if you can cobble together some records showing that you made regular payments to her during that time period. I really wish that I could tell you otherwise, but whether you have an attorney or not, this is exactly what is going to happen in your case (unless your ex actually admits to receiving some or all of the payments at the last minute). To be honest, if you had asked these questions before hiring an attorney, I probably would have told you that your money would have been better held onto by you in case you cannot prove that you made the earlier payments and the court orders you to pay the payments again.
While there are many smooth running child support payment situations out there, there are also many women who learn things like I have told you in this answer -- that unless you have receipts she can get you to pay again by lying to the court -- and it is sad and hopeless. I wish I could change it for you and the several dozen men that I have seen go through the same thing over the years. In future, if you give her so much as an additional dollar or you pay for anything for the children you should get a receipt and never discard the receipts until the child is well over the age of majority (in some states, the non custodial parent can be sued until the child's 30th birthday for unpaid child support -- or "claims" of unpaid child support).
I wish I could tell you something differently here, but I cannot. Please let me know if you have any further questions. If not, can you please press a positive rating underneath this ANSWER box so I will be paid for my time? I am paid nothing unless you press a positive rating below so I truly do appreciate it. THANK YOU VERY MUCH