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Can I recover child support not calculated during the trial?
august 26,2001 my daughter was born.23 days later I petition to establish paternity Nov.29,01 I was granted visitation and ordered to pay child support per guidlines but the judge failed to set an amount on that date.Nov.30,01I payed the first child support payment to the custodial by check that states child support on the memo line. During a Nov.04 trial was the first time the judge set an amount in the order.The money that was payed to the custodial parent prior to trial was not accounted for to go towards any arrears when i provided proof of $2,994 in child support photo copyies of checks and money orders with the custodial parent signature on the back that was sent to her resident certified mail that was stamped paid.
My nephew is having this problem to and he paid the mother of "his" child 400 dollars a month the first year of the child's life. Every payment was made via money order the mother demanded more {to pay for her own needs not the baby's} my nephew told her 400 was enough she could get a job or stop buying things for herself. Anyhow they went to court he produced all the stubs as well as checks and are you ready..The court did not accept them because even though it said "child support" in the memo line it was deemed as "extra moneys" because it was not sent through the courts instead it went right to the mother. He hired an attorney that is not only fighting that but also fighting for a DNA test.
I personally don't think it costs 400 dollars for someone to raise a baby I have a 8 month old and we don't spend 400 dollars a month on him. And I failed to tell you this girl I spoke of lives w her grandmother, is on wic, accepts AFDC, SSI and still wanted more money from my nephew. The courts however changed his support order to 80 dollars a month! He was sending 400+ a month and the court ordered it down to 80, guess she shouldn't have gotten greedy. But the reason the court didn't count all the money paid directly to the mother was because it did not go through the court system and was sent directly TO the mother.
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