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Old July 22nd 03, 08:09 AM
Layne Barlow
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Default "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