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Terminating an order in TX
http://www.elpasotimes.com/ci_896180...e=most_emailed
Great information. I am an obligor, with an order to pay $950/month entered in the late '90s, which waived automatic wage-withholding. Soon after the order was entered, the obligee complained that she was broke, and asked if I could I please send this month's payment to her, directly and a bit early, just to help her out. Of course, I did it. Since then the relationship has become extremely non-cooperative, and I therefore was forced to become intimately familiar with each provision in the custody/support order, including the provision that states "NO CREDIT FOR INFORMAL PAYMENTS," which I had not even known was in the order prior to making that informal payment to the obligee. I still have the canceled check for that informal payment, but when it comes time to terminate the order in about 6 years, can I expect that the AG will try to claim that I am in arrears, and tack on interest and penalties for that informal $950 that I paid directly back in 1999? |
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Terminating an order in TX
wrote in message ... http://www.elpasotimes.com/ci_896180...e=most_emailed Great information. I am an obligor, with an order to pay $950/month entered in the late '90s, which waived automatic wage-withholding. Soon after the order was entered, the obligee complained that she was broke, and asked if I could I please send this month's payment to her, directly and a bit early, just to help her out. Of course, I did it. Since then the relationship has become extremely non-cooperative, and I therefore was forced to become intimately familiar with each provision in the custody/support order, including the provision that states "NO CREDIT FOR INFORMAL PAYMENTS," which I had not even known was in the order prior to making that informal payment to the obligee. I still have the canceled check for that informal payment, but when it comes time to terminate the order in about 6 years, can I expect that the AG will try to claim that I am in arrears, and tack on interest and penalties for that informal $950 that I paid directly back in 1999? Why wait until it's time to terminate the order to seek credit for the informal payment? Take action now. The article you posted contains the information on what to do. The informal payment is considered a gift unless the obligee signs an affidavit acknowledging payment or the obligor provides proof the payment was made. Many states don't have the latter option for obligors and treat all informal payments as gifts unless the obligee acknowledges the payment(s). Since family law changes all the time, I'd act now under the premise the obligor option may not be available 6 years from now. |
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Terminating an order in TX
"Bob Whiteside" wrote in message
... wrote in message ... http://www.elpasotimes.com/ci_896180...e=most_emailed Great information. I am an obligor, with an order to pay $950/month entered in the late '90s, which waived automatic wage-withholding. Soon after the order was entered, the obligee complained that she was broke, and asked if I could I please send this month's payment to her, directly and a bit early, just to help her out. Of course, I did it. Since then the relationship has become extremely non-cooperative, and I therefore was forced to become intimately familiar with each provision in the custody/support order, including the provision that states "NO CREDIT FOR INFORMAL PAYMENTS," which I had not even known was in the order prior to making that informal payment to the obligee. I still have the canceled check for that informal payment, but when it comes time to terminate the order in about 6 years, can I expect that the AG will try to claim that I am in arrears, and tack on interest and penalties for that informal $950 that I paid directly back in 1999? Why wait until it's time to terminate the order to seek credit for the informal payment? Take action now. The article you posted contains the information on what to do. The informal payment is considered a gift unless the obligee signs an affidavit acknowledging payment or the obligor provides proof the payment was made. Many states don't have the latter option for obligors and treat all informal payments as gifts unless the obligee acknowledges the payment(s). Since family law changes all the time, I'd act now under the premise the obligor option may not be available 6 years from now. === Good call, Bob. To the OP--We lost $7000. in child support tagged as "gift." And, we had receipts. |
#4
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Terminating an order in TX
On Apr 18, 4:43*pm, "Gini" wrote:
"Bob Whiteside" wrote in message ... wrote in message ... http://www.elpasotimes.com/ci_896180...e=most_emailed Great information. I am an obligor, with an order to pay $950/month entered in the late '90s, which waived automatic wage-withholding. *Soon after the order was entered, the obligee complained that she was broke, and asked if I could I please send this month's payment to her, directly and a bit early, just to help her out. *Of course, I did it. Since then the relationship has become extremely non-cooperative, and I therefore was forced to become intimately familiar with each provision in the custody/support order, including the provision that states "NO CREDIT FOR INFORMAL PAYMENTS," which I had not even known was in the order prior to making that informal payment to the obligee. I still have the canceled check for that informal payment, but when it comes time to terminate the order in about 6 years, can I expect that the AG will try to claim that I am in arrears, and tack on interest and penalties for that informal $950 that I paid directly back in 1999? Why wait until it's time to terminate the order to seek credit for the informal payment? *Take action now. The article you posted contains the information on what to do. *The informal payment is considered a gift unless the obligee signs an affidavit acknowledging payment or the obligor provides proof the payment was made. Many states don't have the latter option for obligors and treat all informal payments as gifts unless the obligee acknowledges the payment(s). Since family law changes all the time, I'd act now under the premise the obligor option may not be available 6 years from now. === Good call, Bob. To the OP--We lost $7000. in child support tagged as "gift.." And, we had receipts.- Hide quoted text - - Show quoted text - Here is the information you need for Texas...THEY MUST give you credit if you have proof... By: Dutton (Senate Sponsor - Gallegos) H.B. No. 779 (In the Senate - Received from the House May 10, 2007; May 14, 2007, read first time and referred to Committee on Jurisprudence; May 19, 2007, reported favorably, as amended, by the following vote: Yeas 4, Nays 0; May 19, 2007, sent to printer.) COMMITTEE AMENDMENT NO. 1 By: Wentworth Amend H. B. No. 779 (House engrossment) by striking page 1, lines 21 through 25, and substituting the following: "(d) The court may not find a respondent in contempt of court for failure to pay child support if the respondent appears at the hearing with a copy of the payment record or other evidence satisfactory to the court showing that the respondent is current in the payment of child support as ordered by the court." Go here to read full family law on this subject...this was passed in 2007...thanks to Dutton!!! http://www.legis.state.tx.us/tlodocs...l/HB00779S.HTM |
#5
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Terminating an order in TX
On Apr 18, 6:37*pm, whatamess wrote:
On Apr 18, 4:43*pm, "Gini" wrote: "Bob Whiteside" wrote in message m... wrote in message .... http://www.elpasotimes.com/ci_896180...e=most_emailed Great information. I am an obligor, with an order to pay $950/month entered in the late '90s, which waived automatic wage-withholding. *Soon after the order was entered, the obligee complained that she was broke, and asked if I could I please send this month's payment to her, directly and a bit early, just to help her out. *Of course, I did it. Since then the relationship has become extremely non-cooperative, and I therefore was forced to become intimately familiar with each provision in the custody/support order, including the provision that states "NO CREDIT FOR INFORMAL PAYMENTS," which I had not even known was in the order prior to making that informal payment to the obligee. I still have the canceled check for that informal payment, but when it comes time to terminate the order in about 6 years, can I expect that the AG will try to claim that I am in arrears, and tack on interest and penalties for that informal $950 that I paid directly back in 1999? Why wait until it's time to terminate the order to seek credit for the informal payment? *Take action now. The article you posted contains the information on what to do. *The informal payment is considered a gift unless the obligee signs an affidavit acknowledging payment or the obligor provides proof the payment was made. Many states don't have the latter option for obligors and treat all informal payments as gifts unless the obligee acknowledges the payment(s). Since family law changes all the time, I'd act now under the premise the obligor option may not be available 6 years from now. === Good call, Bob. To the OP--We lost $7000. in child support tagged as "gift." And, we had receipts.- Hide quoted text - - Show quoted text - Here is the information you need for Texas...THEY MUST give you credit if you have proof... By: Dutton (Senate Sponsor - Gallegos) H.B. No. 779 * * * * * (In the Senate - Received from the House May 10, 2007; * *May 14, 2007, read first time and referred to Committee on * *Jurisprudence; May 19, 2007, reported favorably, as amended, by * *the following vote: *Yeas 4, Nays 0; May 19, 2007, sent to printer.) * *COMMITTEE AMENDMENT NO. 1 By: *Wentworth * * * * * Amend H. B. No. 779 (House engrossment) by striking page 1, * *lines 21 through 25, and substituting the following: * * * * * "(d) *The court may not find a respondent in contempt of * *court for failure to pay child support if the respondent appears at * *the hearing with a copy of the payment record or other evidence * *satisfactory to the court showing that the respondent is current in * *the payment of child support as ordered by the court." Go here to read full family law on this subject...this was passed in 2007...thanks to Dutton!!! http://www.legis.state.tx.us/tlodocs.../HB00779S.HTM- Hide quoted text - - Show quoted text - By the way, because I don't trust those A...holes in Texas, I would send a letter with a COPY of the check, etc...to the CSE idiots...AND a copy from the actual LAW posted on the internet legislature website...with HIGHLIGHT...this should at least ensure that they know you are not to be messed around with and that you know your rights...if they do nothing, the you can get the courts involved... Good luck to you... |
#6
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Terminating an order in TX
"whatamess" wrote in message ... On Apr 18, 6:37 pm, whatamess wrote: On Apr 18, 4:43 pm, "Gini" wrote: "Bob Whiteside" wrote in message m... wrote in message ... http://www.elpasotimes.com/ci_896180...e=most_emailed Great information. I am an obligor, with an order to pay $950/month entered in the late '90s, which waived automatic wage-withholding. Soon after the order was entered, the obligee complained that she was broke, and asked if I could I please send this month's payment to her, directly and a bit early, just to help her out. Of course, I did it. Since then the relationship has become extremely non-cooperative, and I therefore was forced to become intimately familiar with each provision in the custody/support order, including the provision that states "NO CREDIT FOR INFORMAL PAYMENTS," which I had not even known was in the order prior to making that informal payment to the obligee. I still have the canceled check for that informal payment, but when it comes time to terminate the order in about 6 years, can I expect that the AG will try to claim that I am in arrears, and tack on interest and penalties for that informal $950 that I paid directly back in 1999? Why wait until it's time to terminate the order to seek credit for the informal payment? Take action now. The article you posted contains the information on what to do. The informal payment is considered a gift unless the obligee signs an affidavit acknowledging payment or the obligor provides proof the payment was made. Many states don't have the latter option for obligors and treat all informal payments as gifts unless the obligee acknowledges the payment(s). Since family law changes all the time, I'd act now under the premise the obligor option may not be available 6 years from now. === Good call, Bob. To the OP--We lost $7000. in child support tagged as "gift." And, we had receipts.- Hide quoted text - - Show quoted text - Here is the information you need for Texas...THEY MUST give you credit if you have proof... By: Dutton (Senate Sponsor - Gallegos) H.B. No. 779 (In the Senate - Received from the House May 10, 2007; May 14, 2007, read first time and referred to Committee on Jurisprudence; May 19, 2007, reported favorably, as amended, by the following vote: Yeas 4, Nays 0; May 19, 2007, sent to printer.) COMMITTEE AMENDMENT NO. 1 By: Wentworth Amend H. B. No. 779 (House engrossment) by striking page 1, lines 21 through 25, and substituting the following: "(d) The court may not find a respondent in contempt of court for failure to pay child support if the respondent appears at the hearing with a copy of the payment record or other evidence satisfactory to the court showing that the respondent is current in the payment of child support as ordered by the court." Go here to read full family law on this subject...this was passed in 2007...thanks to Dutton!!! http://www.legis.state.tx.us/tlodocs.../HB00779S.HTM- Hide quoted text - - Show quoted text - By the way, because I don't trust those A...holes in Texas, I would send a letter with a COPY of the check, etc...to the CSE idiots...AND a copy from the actual LAW posted on the internet legislature website...with HIGHLIGHT...this should at least ensure that they know you are not to be messed around with and that you know your rights...if they do nothing, the you can get the courts involved... Good luck to you... ------------------- Every time I wrote to CSE regarding any payment issues I always ended by saying something like "If you are unable to resolve this issue in my favor, please elevate my issue to a senior manager for their review." The idea is to get your request approved and, when necessary, get it out of the hands of the front-line caseworker who does their job based on computerized process flow charts. |
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