Legal Question in Family Law in Florida

My husband pay's child support has never been behind and pay's on time, For a couple of year's he paid his ex cash didn't go through child support enforcement, I know we all advised him against paying her this way, over the past year they went to CSE to get recored's caught up that she had been paid he was turned away because cse said he may have been threatning her life.Income tax time he received a letter that because he was behind on payment's she may receive the tax return (remember he is not behind) so he explained to the ex about the letter she said she would give it to him when she got it. In the end she swear's up and down her ex husband got the check because she was behind on her support payment's.At the CSE office last week we found out she did receive the check and cashed it kept all $8,000.00 so legal'y what can we do and is there any way of getting back the $8,000.00 or can it be written off on his payment's and what happen's to her .Also she has alway's taken advantage and abused the money received is there any way of making sure the money is going somewhere responsible and needed and (not to herself)

Asked on 11/19/09, 10:10 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

0 users found helpful

0 attorneys agreed

A cash payment to someone for child support is basically a gift to them if there isn't a receipt. Remember, the burden is on the person paying to prove that they paid, not on the person receiving to prove they didn't get paid. If he has no receipt for the cash, then all the money went down the drain unless she admits se got the cash. Obviously, she's refusing to admit she got the cash, so all those payments were a waste. She gets to keep the IRS money. Moreover, how she spends the money is her business. There is no law which requires her to show that she spends the money on the kids. The only law is that, if she spends no money on the kids, and the kids go without food, clothes, etc., your husband can file for custody.

Answered on 11/28/09, 4:13 pm

Mark as helpful