QUESTION:
My Ex and I agree that I would give him cash for the child support. I have been doing that for 3 years now. Some of them are done with cash and some through my paypal account. I have paid every one of these on time! Now he says he will take me to court because I haven’t paid and I have no way to prove my payments. What can I do?
ANSWER:
It’s never a good idea to pay child support in cash and this is the very reason why. You should gather all of the evidence that you have to show that you made the payments. Pay pal should be able to give you a record of transactions. Your bank can give you a record of your withdrawals taken in cash. You can testify. You can also try to get copies of your ex’s statements through discovery (the formal information gathering process) and perhaps find cash deposits into his account (if he, in fact, deposited the support). Unfortunately, there is no perfect way to track cash and you will have to rely on what proof you can gather along with your testimony. It is in the Court’s discretion if that is enough to meet your burden.