What is the name of your state? NY
Custodial parent recently filed court paperwork claiming father is in arrears by one month. Father has copies of all money orders sent to custodial parent for child support so this is impossible. He has receipts, bank statements, money order stubs - all showing he made the payments. Of course they were sent via USPS first class mail. Initially he was sending certified mail but that became too costly so he sent first class mail which as I understand it if a letter is not returned to you it is understood it was delivered.
Anywho, can he sue custodial parent in civil court for making these false allegations? This is the third time in 6 years that she's tried some underhanded way to get an increase in support. She has lied everytime in court from everything how he had a substantial increase in salary (untrue), etc. and each time the court told her she entered into a stipulation of settelment for $X amount each week which was incorporated into the judgement of divorce. Apparently she's still not understanding that concept and keeps dragging him back to court.
It has to stop.
He's been on disability for over a year and has continually and faithfully made his payments even though his annual salary was cut in half. This is a father who knows what his obligation is and has supported his child from day one. So we're not talking about a deadbeat here by any means.
Can he sue her civillaly to make her stop with these false allegations? Doesn't she have the burden of proof to prove she didn't receive a month of payments? She also moved recently and never notified the father of the new address. Monies have gone to her family's house as they have for 14 years. Oh and she claims she wants an increase in money b/c her unforeseen change of circumstances is she bought a house. HELLO? What does that have to do with the father? The courts would deny him a decrease in child support if he said, well I had another child. The court would say well why did you have one if you couldn't afford them? Isn't that the same here? Why did you buy a house if you couldn't afford it? And put the needs of the child in jepardy?! She adds the needs of the child aren't being met? Untrue again...
It's crazy - thanks for any help.
Custodial parent recently filed court paperwork claiming father is in arrears by one month. Father has copies of all money orders sent to custodial parent for child support so this is impossible. He has receipts, bank statements, money order stubs - all showing he made the payments. Of course they were sent via USPS first class mail. Initially he was sending certified mail but that became too costly so he sent first class mail which as I understand it if a letter is not returned to you it is understood it was delivered.
Anywho, can he sue custodial parent in civil court for making these false allegations? This is the third time in 6 years that she's tried some underhanded way to get an increase in support. She has lied everytime in court from everything how he had a substantial increase in salary (untrue), etc. and each time the court told her she entered into a stipulation of settelment for $X amount each week which was incorporated into the judgement of divorce. Apparently she's still not understanding that concept and keeps dragging him back to court.
It has to stop.
He's been on disability for over a year and has continually and faithfully made his payments even though his annual salary was cut in half. This is a father who knows what his obligation is and has supported his child from day one. So we're not talking about a deadbeat here by any means.
Can he sue her civillaly to make her stop with these false allegations? Doesn't she have the burden of proof to prove she didn't receive a month of payments? She also moved recently and never notified the father of the new address. Monies have gone to her family's house as they have for 14 years. Oh and she claims she wants an increase in money b/c her unforeseen change of circumstances is she bought a house. HELLO? What does that have to do with the father? The courts would deny him a decrease in child support if he said, well I had another child. The court would say well why did you have one if you couldn't afford them? Isn't that the same here? Why did you buy a house if you couldn't afford it? And put the needs of the child in jepardy?! She adds the needs of the child aren't being met? Untrue again...
It's crazy - thanks for any help.