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  1. #1
    Join Date
    Apr 2019
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    11

    Default Does Child Support Have to be Paid Through a State Agency

    I was told that in Texas you MUST pay all child support through the given government/state system (what ever that is were you live).
    I was told that IF, I made payments to my ex directly (in any form) it would not count as forms of Child Support (if my ex chose to raise the issue) because the state was unable to tack it directly.

  2. #2
    Join Date
    Oct 2016
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    3,229

    Default Re: Ex Lied to Avoid Contempt, Now What

    I don't think it is the case in Texas. Who told you that? Do you have a cite?

  3. #3
    Join Date
    Sep 2017
    Posts
    493

    Default Re: Ex Lied to Avoid Contempt, Now What

    https://statutes.capitol.texas.gov/D...FA.234.htm#234

    States that all payments must be made through the state agency.

    “Sec. 234.007. NOTICE OF PLACE OF PAYMENT. (a) A court that orders income to be withheld for child support shall order that all income ordered withheld for child support shall be paid to the state disbursement unit.
    (b) In order to redirect payments to the state disbursement unit, the Title IV-D agency shall issue a notice of place of payment informing the obligor, obligee, and employer that income withheld for child support is to be paid to the state disbursement unit and may not be remitted to a local registry, the obligee, or any other person or agency. If withheld support has been paid to a local registry, the Title IV-D agency shall send the notice to the registry to redirect any payments to the state disbursement unit.”

  4. #4
    Join Date
    Oct 2016
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    3,229

    Default Re: Ex Lied to Avoid Contempt, Now What

    That law only requires it when certain types of public assistance are being received.

  5. #5
    Join Date
    Apr 2019
    Posts
    11

    Default Re: Ex Lied to Avoid Contempt, Now What

    Quote Quoting PayrolGuy
    View Post
    That is not the case nation-wide and I don't think it is the case in Texas. Who told you that? Do you have a cite?
    That was stated by my attorney at the time who recommended that payments get automatically deducted from my paycheck by the state.
    It was loosely seconded by the amicus attorney in the case.

    With that said, it is my firm belief that my attorney was incompetent (but that is my opinion based on his many failures during the trial and not in regards to his basic knowledge of law).
    I took it on faith, based solely on what I have personally witnessed of the system and how it is readily and able to be scammed.

    The only thing added to @PMMH's post is:
    Texas Family Code:
    Sec. 234.009. OFFICIAL CHILD SUPPORT PAYMENT RECORD. (a) The record of child support payments maintained by a local registry is the official record of a payment received directly by the local registry.

    (b) The record of child support payments maintained by the state disbursement unit is the official record of a payment received directly by the unit.

    If only payments made through a local or state registry are considered "official record" and as such are applicable to be utilized as evidence in a case without further verification, there is little hope that a copy of a check will be accepted as proof positive for child support payment received.

    Thank you

    To add further food for thought... here is one Texas Supreme Court case that suggests that the information by the attorney may have been correct.

    Granado v. Meza, 398 SW 3d 193 - Tex: Supreme Court 2013
    "In addition to Meza's own testimony that he only paid the OAG in Corpus Christi, Granado testified that Meza never paid child support directly to her, though direct payments would not offset the obligation under the express terms of the Order." (emphasis added)

  6. #6
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Ex Lied to Avoid Contempt, Now What

    It's really just safe for everyone to have child support go through the state. THen there's no question if it's child support or a gift.

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