question about informal CS payments

[amyjrn]

What is the name of your state (only U.S. law)? TX

I know you can never tell what a judge will do, but I would appreciate any in site from those of you with knowledge and experience in this matter.

I have a pending case for a motion to enforce child support. Since the divorce my ex has sent some money directly to me. He has never paid through the AG. In my motion to enforce I have given him credit for every penny he has sent me (even the cash). In the divorce decree it states that "any payments made directly by _____ to me are deemed in addition to and not in lieu of the support ordered in this decree."

I have absolutely no problem giving him credit for what he has paid. My attorney says that my judge is VERY VERY harsh on child support and doesn't put up with any crap. She thinks it is possible (not likely, just possible) that this judge might not give him credit for these payments. My ex has already failed to show up for 2 hearings so he is not on the judges good side. Has anyone seen this happen. I'm not looking to screw my ex on this....I just want what is owed. Thanks.What is the name of your state (only U.S. law)?

Also, my ex has recently retained an attorney (thankfully someone can explain it to him). I haven't opened a case with the Texas AG just yet (don't ask....it's complicated) However, is there a way I can see if HE has opened one? How will I be notified? Since I currently have a motion pending against him I don't want to open an account right without my lawyers ok. Thanks.

 

[Ohiogal]

What is the name of your state (only U.S. law)? TX

I know you can never tell what a judge will do, but I would appreciate any in site from those of you with knowledge and experience in this matter.

I have a pending case for a motion to enforce child support. Since the divorce my ex has sent some money directly to me. He has never paid through the AG. In my motion to enforce I have given him credit for every penny he has sent me (even the cash). In the divorce decree it states that "any payments made directly by _____ to me are deemed in addition to and not in lieu of the support ordered in this decree."

I have absolutely no problem giving him credit for what he has paid. My attorney says that my judge is VERY VERY harsh on child support and doesn't put up with any crap. She thinks it is possible (not likely, just possible) that this judge might not give him credit for these payments. My ex has already failed to show up for 2 hearings so he is not on the judges good side. Has anyone seen this happen. I'm not looking to screw my ex on this....I just want what is owed. Thanks.What is the name of your state (only U.S. law)?

Your ex is the one screwing himself by giving you any money directly when divorce decree states the above so explicitly. Also he is screwing himself by not showing. All you can do is tell the judge what your ex has directly paid you.

 

[mistoffolees]

Your ex is the one screwing himself by giving you any money directly when divorce decree states the above so explicitly. Also he is screwing himself by not showing. All you can do is tell the judge what your ex has directly paid you.

I agree. Tell the truth and beyond that, it's not your problem.

Is that wording common in TX? I can understand that it might save a lot of arguing about "I paid her" -- "No you didn't", but it seems harsh to argue that it is automatically ignored.

 

[CJane]

I agree. Tell the truth and beyond that, it's not your problem.

Is that wording common in TX? I can understand that it might save a lot of arguing about "I paid her" -- "No you didn't", but it seems harsh to argue that it is automatically ignored.

It's automatically ignored here too, without any wording in the orders, unless both parties sign an affidavit stating that a specific amount of money was received, that it was intended by the payor as child support, and received by the payee as child support AND it was paid prior to an order existing.

After the order is in place? There's no mechanism for convincing a court that money paid other than ordered is CS, except hoping the judge uses his discretion in applying those payments.

 

[Alex1176]

OP, even if the judge will decide not to give him credit, you can always return him the "extra" money that he will pay.