Q: My ex is court ordered to pay child support and we are both court ordered to pay half of daycare each. He has not been
paying support and got very behind. He would send random money orders with random amounts and hand write “daycare” on some of them. Since he was behind on support I disregarded his handwritten note and used it as child support.
Child support services finally recently got ahold of him for being behind and now is withholding child support and back pay too from his paychecks.
The problem is that he went to the daycare provider and showed her pictures of his money orders with “daycare” hand written on them and she now thinks that I owe his half of daycare! I explained what he was doing and she is going to take him to court but she asked me if there is some law or something that says if you are behind on child support then any payments will be used as that before any other debts.
I do know that other debts can not be “withheld” from paychecks before child support, but I don’t know the law about before money is being withheld. Does anyone know if there is some law about this?
A: Your day care provider has no standing to take him to court. Only you can do this. What he scribbled on the checks is meaningless. The likelihood is that the judge will rule in your favor. Judges don't like wiseguys.
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