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  1. #1
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    Nov 2014
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    Default Interstate Collection of Child Support and a Mistaken Claim of Arrears

    My question involves child support in the State of: Texas

    The divorce and custody/support was 5 years ago in OK. Ex moved without permission to Tx almost two years ago. I'm current in support (always have been) and pay it directly to my ex every month. Earlier this year I married and moved to Texas as well. This week I received a notice from the Tx AG office stating support will be taken from my pay and I'm ok with that. Another letter stated I am 9 months in arrears. I tried calling with no luck, so I went in person to the office. I was told the ex signed an affidavit that I WAS current, but since TX doesn't have any Oklahoma records, they consider be in arrears and will report to my credit report as such. The office then filed for an investigation with Oklahoma to get proof of being current. I pay directly to my ex because Oklahoma didn't require me to do it through my employer. How can they prove this? In the meantime, I'm told by my employer that my pay will be deducted (I'm ok with that), but my commissions (this is the bulk of my income, being in sales) will be delayed because they have to report the dollar amount to the AG office and see if there will be money held for payments claimed in arrears! I'm not in arrears???!! They have an affidavit from my ex stating this. The ex just wanted to have it automatically done through my employer. What should I do? If they pay extra to my ex, I guarantee I'll never get it back. How can the state of Tx say I'm in arrears without proof AND when they have the affidavit from my ex stating I'm current?

  2. #2
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    Oct 2006
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    16,474

    Default Re: Oklahoma to Texas

    Quote Quoting txparents
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    My question involves child support in the State of: Texas

    The divorce and custody/support was 5 years ago in OK. Ex moved without permission to Tx almost two years ago. I'm current in support (always have been) and pay it directly to my ex every month. Earlier this year I married and moved to Texas as well. This week I received a notice from the Tx AG office stating support will be taken from my pay and I'm ok with that. Another letter stated I am 9 months in arrears. I tried calling with no luck, so I went in person to the office. I was told the ex signed an affidavit that I WAS current, but since TX doesn't have any Oklahoma records, they consider be in arrears and will report to my credit report as such. The office then filed for an investigation with Oklahoma to get proof of being current. I pay directly to my ex because Oklahoma didn't require me to do it through my employer. How can they prove this? In the meantime, I'm told by my employer that my pay will be deducted (I'm ok with that), but my commissions (this is the bulk of my income, being in sales) will be delayed because they have to report the dollar amount to the AG office and see if there will be money held for payments claimed in arrears! I'm not in arrears???!! They have an affidavit from my ex stating this. The ex just wanted to have it automatically done through my employer. What should I do? If they pay extra to my ex, I guarantee I'll never get it back. How can the state of Tx say I'm in arrears without proof AND when they have the affidavit from my ex stating I'm current?
    You are likely going to need an attorney to straighten this one out. Sorry.

  3. #3
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    Nov 2014
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    4

    Default Re: Oklahoma to Texas

    Thanks. We figured as much, but trying to gather as much info as possible to get informed. We meet with an attorney on Monday afternoon. We have no issues at all paying support, but this is crazy. We are however, considering a modification to custody for 50/50 custody. Is that difficult in TX?

  4. #4
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    Oct 2006
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    Default Re: Oklahoma to Texas

    Quote Quoting txparents
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    Thanks. We figured as much, but trying to gather as much info as possible to get informed. We meet with an attorney on Monday afternoon. We have no issues at all paying support, but this is crazy. We are however, considering a modification to custody for 50/50 custody. Is that difficult in TX?
    Maybe...that is a very big change for the children. If there is no significant change in circumstances a judge may not agree that its in the children's best interest.

  5. #5
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    Nov 2014
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    Default Re: Oklahoma to Texas

    Quote Quoting llworking
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    Maybe...that is a very big change for the children. If there is no significant change in circumstances a judge may not agree that its in the children's best interest.
    True, it can be a big change. We already are basically 50/50...just not in writing.

    - - - Updated - - -

    We believe the ex may have falsified some documents in filing: i.e. when we moved here. It's a constant game of "what can I stir up next" with the ex. At some point you would think the ex would move on. It's been over 5 years.

    - - - Updated - - -

    It was just confirmed by the child support office that the ex claims I lived in Texas the entire year. I didn't move here until July. So she did falsify that paperwork. The office also told me that the ex has to send the affidavit that I'm current and don't owe back support to Oklahoma because Oklahoma has never received anything for the past 5 years that I've paid her support. This is crazy. I actually pay my child support and now I'm spending all this time proving I have due to the ex's lies and not reporting the support I pay as she should have.

  6. #6
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    Oct 2006
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    16,474

    Default Re: Oklahoma to Texas

    Quote Quoting txparents
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    True, it can be a big change. We already are basically 50/50...just not in writing.

    - - - Updated - - -

    We believe the ex may have falsified some documents in filing: i.e. when we moved here. It's a constant game of "what can I stir up next" with the ex. At some point you would think the ex would move on. It's been over 5 years.

    - - - Updated - - -

    It was just confirmed by the child support office that the ex claims I lived in Texas the entire year. I didn't move here until July. So she did falsify that paperwork. The office also told me that the ex has to send the affidavit that I'm current and don't owe back support to Oklahoma because Oklahoma has never received anything for the past 5 years that I've paid her support. This is crazy. I actually pay my child support and now I'm spending all this time proving I have due to the ex's lies and not reporting the support I pay as she should have.
    If you are already basically practicing a 50/50 schedule then making that official would be status quo, and therefore NOT a be change for the children. Therefore you should be focusing on proving that 50/50 is status quo. However, you really need it to have gone on for at least 6 months before it really becomes status quo. If you just moved to TX in July, its not been six months yet. Wait it out before filing.

    I am not quite so sure that you should be assuming that your ex is doing anything nefarious. After all, she did give TX the affidavit saying that you are up to date. How was she to know that she would need to provide one to OK? OK has no idea that you have been paying any child support because you have been paying it outside of the system. She may not have intentionally falsified the paperwork, she just may have messed it up some.

    Because you have been paying child support outside of the system its really important that you have your ex's cooperation in resolving this matter. Don't get her back up while you need this cooperation.

  7. #7
    Join Date
    Nov 2014
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    4

    Default Re: Oklahoma to Texas

    Quote Quoting llworking
    View Post
    If you are already basically practicing a 50/50 schedule then making that official would be status quo, and therefore NOT a be change for the children. Therefore you should be focusing on proving that 50/50 is status quo. However, you really need it to have gone on for at least 6 months before it really becomes status quo. If you just moved to TX in July, its not been six months yet. Wait it out before filing.

    I am not quite so sure that you should be assuming that your ex is doing anything nefarious. After all, she did give TX the affidavit saying that you are up to date. How was she to know that she would need to provide one to OK? OK has no idea that you have been paying any child support because you have been paying it outside of the system. She may not have intentionally falsified the paperwork, she just may have messed it up some.

    Because you have been paying child support outside of the system its really important that you have your ex's cooperation in resolving this matter. Don't get her back up while you need this cooperation.
    Thanks for the information. The court set it up for me to pay her every month and not have it deducted from my pay. You're correct that she may not have known, but unfortunately it would be out of her character to be helpful at this point and send it in. The office can't give me a copy of the affidavit, so I suppose my attorney will have to request it (appointment with attorney on Monday).
    Thanks for the info on the 50/50.

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