KEEP RECORDS FOREVER
I almost hate to tell this story that it might give some ex wife an idea of how to put the screws to someone else like happened to us......
Back in 1997 my current husband was in the process of a divorce from his ex wife in Nevada.
He made fair money back then and was ordered to pay 450.00 per child for a total of 900.00 a month in child support. Another 500.00 a month for 2 years in Alimony. According to the temp. court order he was to pay her direct.
Every week that check was wrote out to her for 1400.00 and handed or mailed to her.
Well as time went on and the final court order came they were going to send a garnishment to his employer at the time and take the money out of his check which was fine too and that was done.
When he moved back to MO. in 2003 and yes he was and currently is making less money-thats not even a fair statement because he doesn't make even 1/2 of what he was making when this order was issued. One child had turned 18 only a year after the final court order so that had dropped off and his ex wife had been paid out the 2 years. Even though he made less money he still did not ask for a modification-he simply told me she probably needs it so I am leaving it the way it was.
At times it was a struggle as he only cleared 400.00 a week.In 2007 we had a house fire and lost everything we owned. He still never complained about paying the child support.
Later that year we get a HUGE packet from the Attorney General's office saying guess what you owe us 142,000.00 in back payments and interest for child support and alimony.We were floored wondering what the heck this was about.
So I call them and they informed me that his ex wife had come to them and said he never paid child support or alimony.
The state had put all records on the computer starting in 2003 so they had all the payments for that time showing-all made and all on time because like I said they were doing the garnishment of wages since the beginning. Which meant the employer would deduct it and send it to the court and the court in turned mailed it to her since the final decree in 1998.....
2003 and they enter those payments so what is in question now is 1997 to 2003.....
Well it seemed simple to me-the court could go back on their records and see where they had done this.
NOT SO - I called and talked to them and they informed me that they had indeed put all the records on computer since 2003 and anything that might of gotten missed or not transferred onto the computer is just gone unless we could provide them with proof.... I was floored and thought ok this should be simple...... Was I ever fooled....The bank he had wrote those checks on said after 7 years all records are destroyed and no way to get them. There went that idea but there was still hope....but that too faded.....I knew the company he use to work for had sold to another company but I thought give it a try and I called the one that bought them and they said nope sorry no help here we dont have their records and even if we did in the start they are long long gone.....
I then called the IRS so that I could show he paid the alimony because it was a tax deduction after all.
They too told me nope we dont keep records that far back so no such luck.....I was in a row boat without a paddle because all those records went up in smoke in that house fire and I had nothing to fight them with....We called I would safely say 10 lawyers and ask what we should do and each one said the same thing- well without proof your just sunk.....We hired an attorney and yep he was right without proof we were sunk. Now we owe her again and its climbed to well over 220,000.00 with interest being added all the time as we pay.
Well it didnt stop there-when both kids were finally over 18 they went back and now we pay 900.00 a month on the rearages she claims were never paid....and that I cant prove after 10 years that we did indeed pay every penny of.
We requested a motification of child support to lower it again to just 110.00 a week which is still the rate he was paying when he made a heck of alot more money and was told no because we owe such a large amount in the rearage.......IMAGINE THAT.......I do not know how we will ever make ends meet......I found out 2 days before that house fire in 2007 that I had cancer and am now unable to work to help my husband pay this and the medical bills and meds are way over what we can pay,,,,but I guess this lady needs our money worse than we do so I will go without treatment or meds so she can cheat us.....So I am here to tell you when you have these records MAKE A COPY MAKE ANOTHER COPY and save them in more than 1 place.
If anyone has a suggestion on what they think I can try next I am open to suggestions of any kind.....