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?

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.

"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.

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

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...

"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.