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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18799
Experience:  B.A.; M.B.A.; J.D.
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My ex wife and i have joint custody, however she is the

Customer Question

My ex wife and i have joint custody, however she is the custodial parent. The courts deemed that i pay $82 a month to her since she makes double what i do, and I end up having him more then she does. we divorced in 2011. I paid with check and cash in the amount of $100 (i paid more then needed) up until april 2014. That is when i broke up with my new girlfriend and, assuming it was just because she was nice, i accepted her offer to not make me pay child support while i was living in her friends house and paying 900 a month for one room in her house. When I started dating a new girl, 7 months later, my ex messaged me an demanded back child support immediately or she was turning me in. I argued, and she filed. In the meantime, i was filing bankruptcy. The paperwork i received states that i have not paid since the beginning of the divorce! They want 32 months of back pay, and i only owe 14! I contacted her about this, and she said that it was not what she wrote, that she put down feb 2014 as last payment made (still a lie), but as i am asking for a copy of the paperwork , she will not get back to me and is avoiding it. How do i go about fighting this?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
A lot of this fiasco is due to manipulation. What I thought was kindness and helping me out during hard times, was really something that could be used as leverage later, and i assume that, because of spite, she is claiming I never paid her. I was incorrect about the amount as well, she is claiming I haven't paid her in 39 months. Not only did I, but I paid more then I was asked to.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
My ex wife and i have joint custody, however she is the custodial parent. The courts deemed that i pay $82 a month to her since she makes double what i do, and I end up having him more then she does. we divorced in 2011. I paid with check and cash in the amount of $100 (i paid more then needed) up until april 2014. That is when i broke up with my new girlfriend and, assuming it was just because she was nice, i accepted her offer to not make me pay child support while i was living in her friends house and paying 900 a month for one room in her house. When I started dating a new girl, 7 months later, my ex messaged me an demanded back child support immediately or she was turning me in. I argued, and she filed. In the meantime, i was filing bankruptcy. The paperwork i received states that i have not paid since the beginning of the divorce! They want 32 months of back pay, and i only owe 14! I contacted her about this, and she said that it was not what she wrote, that she put down feb 2014 as last payment made (still a lie), but as i am asking for a copy of the paperwork , she will not get back to me and is avoiding it. How do i go about fighting this?
Response: You fight it by printing out copies of your cancelled checks or bank statements showing the checks and submitting them to the Court. When you are submitting your cancelled checks and bank statements to the Court, you need to make sure that you redact your account information—leave only last four digits visible.
As for the cash payments, you need to do an affidavit stating the amount of the cash and dates that you made them. You can use the site below to view sample Affidavits of Facts:
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=washington+and+sample+affidavit+of+facts+form
Customer: replied 1 year ago.
How do I go about this? Do I just walk in and hand the court these things or do I have to set up a court date?
Expert:  Phillips Esq. replied 1 year ago.
How do I go about this? Do I just walk in and hand the court these things or do I have to set up a court date?
Response: I cannot give you step-by-instructions. That would amount to giving you legal advice, which I am prohibited from doing by the terms of service.
If she is already taking you to Court, you do not have to "set up a Court date" again. You just have to file a response to the papers that were served on you and tell the Court your side of the issue. You would attach your supporting on the papers that you would file with the Court at the Clerk’s office. A copy of any document you filed with the Court must also be sent to the opposing party in the case.
Most Courts have self-help center you can use to learn how to represent yourself if you do not have an Attorney. Click on the link below for Washington Courts self-help center.
http://www.courts.wa.gov/?fa=home.home&tab=legalRes
You can also use the site below:
http://www.washingtonlawhelp.org/issues/family-law/child-support