Help Quick!

[JaneyS4]

What is the name of your state? GA

Got a quick question for a friend. He paid his child support in cash for four weeks before he started getting it deducted from his check automatically. No reciepts or anything to show for it. Can the mother take him to court for arrearage for those four weeks? He can't prove that he paid it, but she can't really prove he didn't either. Will they just take her word for it?

Also, he said he'd even be willing to give her the money over again (its only $400) but she refused to take it. She actually said she wanted to take him to court.

What can he do? If he gets a cashiers check for the money and mails it to her, is that enough to stop her from filing for court?

I thought I'd ask for him here before he went out and got a lawyer.

 

[Lil Miss Smarty Panties]

whats the law in ga for recording phone calls?

you and I both know that if she takes him to court and says he didn't pay it and he doesn't have proof that he did, they will believe her. If he can get her admitting he did pay it on tape it might be enough for her to change her mind about pursuing it.

 

[JaneyS4]

I don't know about the phone laws. Its just come up today. I think if he is willing to give her the money again (he says its for his kids so he does't mind) he ought to just get a cashier's check and mail it to her. He's then got proof that its sent, right? Or should he maybe send it to her lawyer? He's just really trying to avoid havint to go to court.

 

[stealth2]

http://www.rcfp.org/taping/

Georgia
Ga. Code Ann. § 16-11-62 (1999): Secretly recording or overhearing a conversation held in a private place, whether carried out orally or by wire or electronic means, is criminally punishable as a felony under statutory provisions regarding invasions of privacy. However, the law expressly provides that it does not prohibit a person who is a party to a conversation from recording and does not prohibit recording if one party to the conversation has given prior consent. Ga. Code Ann. § 16-11-66 (1999).

Interception of a private cellular telephone conversation without the consent of at least one of the parties is a misdemeanor. Ga. Code Ann. § 16-11-66.1 (1999).

Use of a hidden camera "without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view" is illegal. Ga. Code Ann. § 16-11-62(2) (1999).

 

[coolmomof4]

So I take that as meaning if I know about it, I can do it? The 2nd party doesn't have to know. Is that right because if it is, I think that'll solve a TON of our problems!!!

 

[stealth2]

It would still be wise to consult a local attorney to be sure.

 

[JaneyS4]

So, all in all, unless he braves another phone call with her, and then hopefully gets her to admit she knows he paid the support, he's stuck with a court date?

 

[Lil Miss Smarty Panties]

why is she so hell bent on going to court when he has offered to pay her another $400? Thats doesn't make sense.

If he wants to avoid court, and he has paid her that $400 already, He should brave that phone call and get her to admit he has already paid it on tape.

 

[JaneyS4]

Don't ask me. She's PBFH. She seems to think that hauling him back to court for back support, even if he pays it again, will make him look bad. Their having some dispute about visitation and he's warned her he'll take her back to court if she doesn't comply. Thats when this came up.

 

[Lil Miss Smarty Panties]

coolmom...thats how I understood it too. If only one person consents, it's legal.


Janey, Can your friend call her lawyer and offer the money? He probably doesn't want to go to court either over $400. I would think the lawyer and the judge would rather it get solved out of court rather than tying up the courts for $400. But if it was me, and I knew I had already paid it, I would be finding a way to prove it and not give in. But of course I'm stubborn.

 

[coolmomof4]

I just had a thought...I would have your friend get a copy of the bank statement that has where he withdrew the $400.00. I would also ask an attorney etc if "the momma" would be so obliged to print a copy of her statement that may show a $400.00 deposit around the same time. Of course if you're cashing paychecks at the bank and she's spending cash rather than depositing it, well, you've got one big $400.00 mess.

But girly-girl is going to look real stupid when it comes out that he offered to pay it again in order to avoid court. Judges don't like having their time wasted.

 

[JaneyS4]

Thats what I told him. That she's going to look really stupid. I think he's decided to go ahead and send the cashier's check certified mail to her. That way he has a reciept for it and if she refuses to accept it he has proof of that too. I suggested he send a copy of the reciept to her lawyer too. Who knows, maybe the lawyer will refuse to file the case if he sees that the money really has been sent. I'll suggest to him your idea about the bank statements though. Its a good one if this thing really does go further. At least it wasn't an impossible amount to give her (and thats basically what he's doing, is giving her extra money) and he now knows how important it is to have proof.

And all because he wants her to be home when he comes to pick the kids up instead of him having to wait sometimes for more than an hour past his scheduled time to get them.

 

[coolmomof4]

Well, at least if anything, it was a small price to pay to learn an important lesson; You just can't trust the other parent. No matter how friendly and easy to get along with they seem to be. Next time, he needs to be sure to send checks, via certified mail. But before he sends it, he should copy the check, then keep the return reciept and staple them together, keep them in a file. That way, it won't ever ahppen again.

 

[JaneyS4]

After those first four weeks, it was such a hassle to give her the money (she wanted it hand delivered. The one time he sent it by mail, she lied and said she didn't get it and he had to pay her twice that week. Of course, maybe she didn't, we'll never know) he arranged to have the money taken from his check at work. The company cuts and issues her a check every week and sends it. They have it recorded in their computers, on their payroll records, and it is also recorded on his check stub every week (that he saves anyway) so all that, along with the testimony of the lady that does payroll, should protect him from anything else like that happening. Hopefully, this will put those four weeks to rest for good now too.

 

[dottkanga]

JaneyS4
From what I have been told if he gave her the money directly then it's considered a gift. If he has no problem with coming up with another $400.00 he would be wise to give it to CSE and to get a receipt.