Hello, and Merry Christmas!
I’m new to this club and I’m screening all the past messages to research child support payment systems and payday lending in various states, especially payday loans in Florida. After reading yours … I’m concerned because you’re depositing monies into an account that has no representation with your state’s child support system. In Indiana, they would consider what you’re doing not as a trust fund, but a “gift” account which is not recognizable or accountable as far as ISL is concerned.
(ISL=Indiana State Law) You should of made those payments to the your state or county child support office either in person or garnished from your check in order to for you to keep track of every dollar you send in payment of child support. Your ex-wife is no different than mine … I “donated” $2000.00 to her to help her buy a car for said transport of children. I couldn’t apply that amount to the child support as advance payment. The Courts consider that action as a “gift” which cannot be applied as part of support payments. I found out the hard way. In your situation, it sounds like your in arrears …
I would contact your attorney and submit your receipts, the name of the bank, the company where you took cash advance, etc. and find out what your options are. I’m surprised that your attorney didn’t explain the full definition of child support in terms of what you can and can’t do or shouldn’t do. See your attorney ASAP. My ex pulled a number during our divorce proceedings wanting half of my children’s college trust fund, but it wasn’t a fund at all. It was a high interest earning life insurance policy I had in “my Name.”
She was trying to claim 50% of the proceeds, but I released a full disclosure of my assets and liabilities to the Courts and they told her that since the policy was purchased before we were married in addition, it wasn’t a joint account … she had not entitlement whatsoever. Just the same I had to cash it all out to pay for her lawyer’s fees, the mediators and was used for interim support of the children.
So much for my kids chances to go to college. My advice … be careful with what you do while dealing with your ex-wife. Don’t let her emotions sway you one way or another. You trusted her with this trust account, but she’s not helping you justify your accountability in the Courts and in your defense. Like my ex … it’s all a matter of money! See your attorney and good luck!