Wrongly Accused of Nonpayment Of Support - Ready To Sue
I recently asked the court trustee's office to help me determine arrearage, knowing I had missed a few payments when times were tough. The amount they came back with was $10,498 higher than the correct amount. This $10k+ did not show direct payments made to my ex during the first three years of the divorce. The kicker - she signed the document showing that I hadn't made those payments, under penalty of perjury. I've now spent the past several months working with my bank to review microfiche bank statments and get copies of checks from 2000-2003, and have found each and every check I wrote. Never has she backed down and accepted responsibility for the "error" but rather, is still taking me to court to let them run over me like some deadbeat. Now that I have successfully proven I paid the $10k+, I'm ready to sue her for fraud. During this entire process, I have tried to stress to the court how we wouldn't have been through this nonsense had she not falsely signed that document. They seem less interested in that, and more interested in making me prove that the payments were made. Meanwhile, I'm out several hundred bucks in legal fees and bank charges to disprove her lies. Do I have any recourse? I've been representing myself with the exception of legal advice, because I was confident that truth was on my side. How can I get the court to see the severity of what she did? Small claims? File a motion for fraud? Suck it up and take it like I've had to do for 6 years?? At the very least, I want those expenses credited to the correct amount. HELP!!!
Re: Accused of non-pay - proved payments made - ready to SUE.
Did you write "For child support" in the memo portion of the checks?
If not, your legal fees will get higher. She can claim that money as "gift" and not child support.
And "truth being on your side", in a courtroom, may not mean much.
( sorry to the legal eagles around here )
If you can prove that she falsified legal documents, you can ask the court for HER to pay any/all legal expenses you incurred due to the falsification of documents.
Re: Accused of non-pay - proved payments made - ready to SUE.
Your remedies would depend on the laws of your state, which you chose not to disclose. Consult a lawyer in your state.