Ammend Back Child Support

by stephanie
(alabama)

My husband was ordered to pay $392 a month child support to his ex wife in their divore aggreement back in 2003. He has sent her checks every month since then. They were written to her personally and clearly stated at the bottom of the check that they were for child support. She has cashed every one of these checks. We have copies of the front and back of them showing her signature that we got from the bank dating all the way back to 2003 when the first check was writen. She filed a petition with the local DHR child support office stating that he had never paid her anything and they are coming after him for over $30,000 that he has already paid to her. Last year they took our taxes which were almost $6000 for both of us and we claimed MY two children from my previous marriage. They gave all of this money to her. When we met with the dhr worker to explain that he didn't owe her she asked for proof. We then gave her the copies of the cashed checks. She even said it was clear they were for support but that she couldn't do anything about it.


We went to court for both support and visitation (she refused to allow him to see his son) the court ordered her to allow visitation and also stated that (in exact words) "The child support petition is hereby dismissed with predjudice." The judge even said in court that it seemed to him that she had knowingly filed a false claim and he was dismissing it. When we sent a copy to DHR the worker said that it was not specific enough and unless it addressed the past due amount specifically then it did not erasethey past due amount. So once again they have offset our taxes and we now have two babies of our own in addition to my oldest two (we now have 4 children all together). My husband has not worked in almost a year, I am a full time student and work at home mom. I pay all the bills right now, in addition to his child support so that it really doesn't get behind(which is causing our bills to fall behind), we recieve food stamps, medicaid and everything for low income families,and they don't seem to care about anything. They garnish his unemployment and are still taking our taxes this year! We couldn't even get approved for the student loan i needed for class! I had to get a family member to sign with me because this is on his credit! We cannot afford to pay another lawyer to take this back to court. What can I do? I am lost and can't find anyone willing to help us! PLEASE TELL ME WHAT TO DO!!!!

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