If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
"Proof" of payments in Texas
I realize this may not be the exact best newsgroup for this, but I couldn't find one dedicated just to father's rights, specifically dealing with child support. I'm in Texas and have been paying (overpaying, actually) for the last 5.5 years. However, I have been making these payments directly to my ex as we agreed to that in the beginning. However, due to some recent events I filed with the Attorney General's office to have them start garnishing my wages so everything would be "by the book", and to get it reduced to what it rightly should be. Now, of course they have established a case and show that I owe $45,000 because nothing shows up "in the system". They are telling me I have to go back and get copies of all those checks. Yes, I know I should have kept them...but, I can get them it's just that it will take time and probably $200-$300 by the time it's all said and done. If you're familiar with child support options in Texas, is there another possible solution? They mentioned that she could come in and sign an "Affadavit of Direct Payment" stating that I was current and had been paying her directly, but they said she would have to provide the dates, $$$, etc...and I know she doesn't have that either. Help!!! |
#2
|
|||
|
|||
"Proof" of payments in Texas
"JSW" wrote in message ... I realize this may not be the exact best newsgroup for this, but I couldn't find one dedicated just to father's rights, specifically dealing with child support. I'm in Texas and have been paying (overpaying, actually) for the last 5.5 years. However, I have been making these payments directly to my ex as we agreed to that in the beginning. However, due to some recent events I filed with the Attorney General's office to have them start garnishing my wages so everything would be "by the book", and to get it reduced to what it rightly should be. Now, of course they have established a case and show that I owe $45,000 because nothing shows up "in the system". == Arggh...You should have come to this group before you got the AG involved. You would have been advised to NOT, NOT, NOT do that because this exact thing will happen. We were in a similar situation of paying the ex directly per the divorce decree. We lost 7k of child support when we *had receipts* because the ex signed an affidavit saying we were behind. She does not have to prove you are behind--all she needs to do is say you are. In Florida the CP's signed affidavit stating you are current would be enough. In our case, the judge called the 7k a "gift" because it wasn't paid through DOR but directly to the CP per the divorce decree. If you have been paying the fixed amount regularly, I see no reason why she wouldn't have the dates/amounts. Also, I don't understand why it would cost you $200-300 to get copies of the checks. I usually only advise this in routine family law matters when there is a significant amount of money involved: You are in a serious legal/financial dilemma and need to contact a attorney who is father's rights saavy (this will take research). == == They are telling me I have to go back and get copies of all those checks. Yes, I know I should have kept them...but, I can get them it's just that it will take time and probably $200-$300 by the time it's all said and done. If you're familiar with child support options in Texas, is there another possible solution? They mentioned that she could come in and sign an "Affadavit of Direct Payment" stating that I was current and had been paying her directly, but they said she would have to provide the dates, $$$, etc...and I know she doesn't have that either. Help!!! |
#3
|
|||
|
|||
"Proof" of payments in Texas
"gini52" wrote
She does not have to prove you are behind--all she needs to do is say you are. In Florida the CP's signed affidavit stating you are current would be enough. In our case, the judge called the 7k a "gift" because it wasn't paid through DOR but directly to the CP per the divorce decree. Getting a bit OT from the original poster's question, but does this mean that if someone is starting completely from scratch, that the NCP should get the DOR involved? Just to make sure they can't pull this "gift" payment **** in the future? My situation didn't turn out bad, but I was considering doing so. That way, if there were any problems I could say "I don't know, call the county". I fully understand and agree that mature adults should work things out for themselves, but how many times do otherwise mature adults pull dumb-ass **** like this? Too often, and that's part of the problem. |
#4
|
|||
|
|||
"Proof" of payments in Texas
"gini52" wrote in message ... In our case, the judge called the 7k a "gift" because it wasn't paid through DOR but directly to the CP per the divorce decree. ARGH! I just don't understand that! But, from reading on this board I have heard of this before. (It boggles me though how that happens, especially if it says IN your divorce decree that X amount will be paid... and then X amount IS paid... but it is still considered a "GIFT"??? I kick back half of the CS my ex pays me while the kids are with him for the summer. He pays the full amount through the courts and then I write him a personal check for half of the amount. I mark each check "CS Payment - NOT A GIFT". I sure hope that is enough if this ever comes back to haunt me.... Gini - weren't you able to argue that somehow? Why does it have to go through the state in order to be considered CS???? |
#5
|
|||
|
|||
"Proof" of payments in Texas
On Mon, 21 Jul 2003 13:42:47 -0000, "JSW"
wrote: I realize this may not be the exact best newsgroup for this, but I couldn't find one dedicated just to father's rights, specifically dealing with child support. I'm in Texas and have been paying (overpaying, actually) for the last 5.5 years. However, I have been making these payments directly to my ex as we agreed to that in the beginning. However, due to some recent events I filed with the Attorney General's office to have them start garnishing my wages so everything would be "by the book", and to get it reduced to what it rightly should be. Now, of course they have established a case and show that I owe $45,000 because nothing shows up "in the system". They are telling me I have to go back and get copies of all those checks. Yes, I know I should have kept them...but, I can get them it's just that it will take time and probably $200-$300 by the time it's all said and done. If you're familiar with child support options in Texas, is there another possible solution? They mentioned that she could come in and sign an "Affadavit of Direct Payment" stating that I was current and had been paying her directly, but they said she would have to provide the dates, $$$, etc...and I know she doesn't have that either. Help!!! There's a better way to do it. Look in your state's civil code under "request for admissions." Follow that up with a motion for summary judgment under the same code. Meantime learn your federal rights and reserve them in as much detail as possible. End of state's case. Do NOT let them bully you! You have good tools in the law, tools that most lawyers, strangely, refuse to take advantage of ... maybe because they're too easy and too dispositive. Use 'em! Layne |
#6
|
|||
|
|||
"Proof" of payments in Texas
Good luck is all I can tell you!
I too live in Texas, and my child support was modified last fall, which I expected to happen, and didn't have a problem with that. The problem that I have is that my divorce was final in May of 1995; the judge did not sign the divorce decree until the first week of July 1995. There was a period of 5 weeks of child support that I did pay; my lawyer had me to send the checks to her office, where my ex wife picked them up and signed for them. I was never given credit for those 5 weeks, after arguing all of this time and providing proof of the checks (front and back) to the Texas Attorney General's office. So, when we went to court for the modification last fall, my lawyer explained it all once again, gave them all the proof. My ex does not deny that she received the money; the AG agreed to give me credit for the payments, as well as to remove all accrued interest, (which now has the arreage up to around $1000); Now, 9 months later, I have still not been given credit, the AG's office treats me like I'm crazy, they have no record (once again) of the proof of payments that I gave them. They tell me different stories; they tell me to wait, it takes time; they tell me I have no business calling about this matter, that only my lawyer can handle this. Instead they are still charging me interest each month, and also entered a judgement that I have to pay an extra $30 per month toward arrearages. Now, my check has been garnished since December 1995, and I have worked for the same company all of this time. I have been given credit by the state for everything from the second week of July 1995 through the point in December 1995 that my company began making the payments. All of the payments have been made by the company I work for although there are a few payments that were made late, though, which is beyond my control. The AG's office says there is nothing they can do about that; even though they have garnished my pay, and required my employer to withhold the cs $, and make the payments, it is still my problem, and they can't / won't do anything about that either. So, good luck if you're paying child support in Texas! "JSW" wrote in message ... I realize this may not be the exact best newsgroup for this, but I couldn't find one dedicated just to father's rights, specifically dealing with child support. I'm in Texas and have been paying (overpaying, actually) for the last 5.5 years. However, I have been making these payments directly to my ex as we agreed to that in the beginning. However, due to some recent events I filed with the Attorney General's office to have them start garnishing my wages so everything would be "by the book", and to get it reduced to what it rightly should be. Now, of course they have established a case and show that I owe $45,000 because nothing shows up "in the system". They are telling me I have to go back and get copies of all those checks. Yes, I know I should have kept them...but, I can get them it's just that it will take time and probably $200-$300 by the time it's all said and done. If you're familiar with child support options in Texas, is there another possible solution? They mentioned that she could come in and sign an "Affadavit of Direct Payment" stating that I was current and had been paying her directly, but they said she would have to provide the dates, $$$, etc...and I know she doesn't have that either. Help!!! |
#7
|
|||
|
|||
"Proof" of payments in Texas
-- The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule. -Samuel Adams "Bob Whiteside" wrote in message thlink.net... "JSW" wrote in message ... I realize this may not be the exact best newsgroup for this, but I couldn't find one dedicated just to father's rights, specifically dealing with child support. I'm in Texas and have been paying (overpaying, actually) for the last 5.5 years. However, I have been making these payments directly to my ex as we agreed to that in the beginning. However, due to some recent events I filed with the Attorney General's office to have them start garnishing my wages so everything would be "by the book", and to get it reduced to what it rightly should be. Now, of course they have established a case and show that I owe $45,000 because nothing shows up "in the system". They are telling me I have to go back and get copies of all those checks. Yes, I know I should have kept them...but, I can get them it's just that it will take time and probably $200-$300 by the time it's all said and done. If you're familiar with child support options in Texas, is there another possible solution? They mentioned that she could come in and sign an "Affadavit of Direct Payment" stating that I was current and had been paying her directly, but they said she would have to provide the dates, $$$, etc...and I know she doesn't have that either. Help!!! You are faced with the "game" CSE plays all the time. When they start a case file they plug in prior CS payments retroactively as "previously billed." They then plug in amounts for "previously paid" and "previously satisfied." What they are doing is including amounts already accrued and paid so they can take credit for collecting the money. The problem you have is CSE has placed the burden of proof onto you to show you don't owe the erroneous amount they have plugged into your file as the "previously billed" amount. It's BS, but that's how they do it. By providing proof of your payment history you will be giving them the amount to use for "previously paid." If the child's mother provides the affidavit she will be providing the amount to use for "previously satisfied." You may be able to shorten up the time frame you need to go back to prove your payments. If the $45,000 represents CS accruals from the original order, and you have had a modification since the original order, you can show no arrearages were alleged at the time of modification and just show your payment history from that point forward. Also, I would challenge CSE to justify how they came up with the $45,000 "previously billed" amount for time periods before they actually set up the case file. Ask for their legal authority to use this accounting practice to establish erroneous "amounts billed" before they took on the file. Here's how this played out in my case several years ago. CSE plugged in an amount "previously billed" at over $23,000. (I have no idea how they came up with that amount.) They plugged in over $17,000 for the amount "previously paid." (I have no idea how they came up with that amount.) They plugged in $5,500 as the amount "previously satisfied" because I produced a "partial satisfaction of judgment" for that amount. So CSE took credit for collecting $23,000 they really didn't collect to pad their results and rip off the Federal CSE for added collection-to-cost bonus money for an amount they really never collected. Hey! Sounds like they have a better scam than Enron had. Does Arthur Anderson do their books?;-) But seriously, something similar happened to me. JSW, did your ex collect any Public Assistance? If she did, they might be charging you with repaying those monies. You should probably go ahead and get the checks copied for your own protection. I know it's expensive, but it may save your posterior when all is said and done. Me? I initially paid $230 in check-copying fees to exonerate myself from a $5000 arrearage amount, but I managed to get some of that back by telling them the copies were to be entered as evidence. Good luck! |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Payments lose pace | wexwimpy | Foster Parents | 0 | March 29th 04 04:50 PM |
Another child killed in kincare | Kane | Spanking | 26 | February 17th 04 05:30 PM |
Another child killed in kincare | Kane | General | 39 | February 12th 04 06:55 PM |
| | Kids should work... | Kane | General | 13 | December 10th 03 02:30 AM |
Kids should work. | ChrisScaife | Foster Parents | 16 | December 7th 03 04:27 AM |