I received motions from my ex-wife asking for what she claims is unpaid child support. I have made my full payments and have bank statements and cancelled checks to prove it.
The motion says I must respond in seven days. Is that seven days from when it was sent or when I received it? And how do I file the objection?
I do not practice law in your state and therefore cannot provide you with specific information or procedures. However, I can offer you some insight to your situation to be discussed with a family law processional whom practices in your jurisdiction.
There are a few issues raised in your questions.
The first issue appears to be an enforcement issue if there is a current order for support and your wife is averring that you are not complying with the terms. It is important that you have proof to show that you have made payments if your support obligation is not withheld from your income.
You should bring proof of these payments to all court proceedings. The result of an enforcement action will be dependent on how many times you have allegedly violated an order of court and the proof that you can produce in response to these allegations.
Generally, you should respond to the court and contest the claims against you if you are not in agreement with these claims. The time requirement to respond is jurisdiction specific and dependent on the type of action that was initiated.
The document you received from the court may also provide some insight on the procedure that you must follow. However, to be safe, I would recommend responding as soon as possible via the method set forth on the document that you received.
I would suggest that you confer with a family law professional in your jurisdiction to further discuss this issue and ensure that you respond as required by the court.
If you are looking to modify the terms of the current support order, you should consider filing a request for a modification. As long as the laws in your state resemble Pennsylvania law, a party can ask that their child support obligation be modified based on a change in circumstances.
The court may consider a change in income as a change in circumstances but may investigate the reason for the change in income. If the change in income was done voluntarily, the court has the authority to assess the party with an earning capacity based on their past earnings.
Again, this is something that you should speak with a family law professional in your jurisdiction about as some states do not change a party’s support obligation until a modification is initiated even if the change of circumstances occurred prior to filing the modification. If that is the case in your state, time may be of the essence.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult an attorney licensed to practice law in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.