Q: How can I prove father of my children has failed to complete court order of child support willingly?
Father of my children and I are going to trial because he states he is not guilty for failing to complete his court order of the child support, even though he has not paid child support for the last six months. Judge states I have to prove 4 things, that there was a court order, that he knew about the court order, that he failed to complete the court order and that he did so willingly.
A: Proving there was a court order requires bringing a copy of the court order to your hearing. Proving he knew about the court orders can be shown by showing he made child support payments or, if the order derives from an agreement, showing he signed the agreement. Text messages and emails could also be used. Showing he did so willingly is as simple as showing he had a job. In terms of showing he failed to pay, your testimony that you didn't receive the money is one way. If he pays you directly and you deposit it into a bank account, you can show bank statements for the last few months he paid and the last few months he didn't. If he pays through FSR you can bring FSR records to court. Emails or text messages from him, too, might help if he puts into writing that he is not paying. More information is needed to fully prepare you and you should consider consulting with an attorney to more thoroughly weigh your options.
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