Legal Question in Family Law in Texas
I live in the state of Texas and my wife and I were divorced in September of 2009. We have two sons and my child support was set. For Sept and Oct, I paid her DIRECTLY, via check that was memoed as "child support," and then starting in November...I had it set up via my work pay through the child support office. When I filed my taxes, they deducted those two months from my return. I have been told I will not get this money back, due to it being a "gift." Is this true? Am I not able to submit copies of the cashed checks as proof that I paid these months? If not, is there ANYTHING I can do? Thank you so much!
1 Answer from Attorneys
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If you were ordered to pay thru TX A G office, then you should have done it that way. If your decree states that all payments to ex are a gift, then you were aware that if you paid her directly it's a gift. If you did not understand or read your decree, most courts won't have sympathy for you.
If she wants, she can give you "credit" for this child support. She needs to fill out a form. Or, she could refund the extra money she received.
You might want to pursue getting credit for these 2 months since it will put you ahead. Being ahead is a very good thing! I highly recommend it.
I suggest you contact your attorney.
If you did not have one, then you might need to hire an attorney. I recommend PATRICIA BUSHMAN at 713-807-9405. Talk to Jessica and tell them that FRAN sent you.
Good luck!
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