Legal Question in Family Law in Texas
Child Support
I was recently charged with criminal non support. My mistake was that I had sent money to support on occassion with out going through the court. I have receipts available. I was held without bond in Michigan until I paid the amount that was said I owed in arrearage. If I did not pay this I would have been extridited to Texas. Is there any way that I can get any of the amount back that I have receipts for? I never got any letters prior to being arrested. I almost lost my job, missed 3 days work and was humiliating. What can I do?
1 Answer from Attorneys
Re: Child Support
Your situation is complicated by the pending criminal charge.
You may be able to enter an agreed judgment in the civil child support case, and request the child's other parent to execute an affidavit of non-prosecution for the criminal charge.
However, the above is dependant on an agreement. Otherwise, you will have to hire a lawyer to try to protect your interests. Several arguments might be made, but your court order probably states that you receive no credit for "informal payments" meaning those that don't go through the proper registration process.
You might also contact the office that filed the criminal non-support charge & see if they will consider dropping the case if you sign over the bond amount as restitution for the "unpaid" child support.
Assuming that you live in Michigan, it may be more economically beneficial to you to work that out with the D.A., rather than having to travel to hire a lawyer, attend court, etc.
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