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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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If I exceeded child support payment by $375 since 2008 voluntarily

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If I exceeded child support payment by $375 since 2008 voluntarily without going through court system AND my ex-wife ADMITS this additional amount was provided...can I get a credit toward the future child support amount...this will help me reduce the NEW amount the "Review" will be giving her hopefully. Divorce decree stated $675 and we had a "Suspend Withholding from Employer garnishing money because it was amicable. Just wondering if I have a good chance of getting credit for my overpayments...state of Texas:)

meigs004 :

I can help you with this issue!

meigs004 :

Take a moment to review my standard blurb about accepting answers here on JA.

Customer:

great:)

meigs004 :

If at anytime you feel that I have adequately provided you with an answer to your question, then if you would please click the accept button so that I may be compensated for my work that would be very much appreciated. Also, bonuses are optional, and are certainly not required, but very much appreciated. Remember, clicking the accept button does not prevent you from asking further questions on this post, and will not preclude me from continuing to answer your questions and provide you with research.


meigs004 :

Do you have documentation of the debits from your account. Or in other words can you print a bank statement to show the court that you have overpaid?

Customer:

Okay. The amount compensated is $28...yes?

meigs004 :

Well 14 to me and 14 to JA

Customer:

Cool. Yes. I have auto-debits going from my account to hers (we both have accounts at Security Service). The only other factor is we both bought my son a car and insurance. She told me to take her half out of child support. She won't contest that she didnt say that. Her angle is I make more money and she wants more....but like I said I've paid her more based on our verbal agreement WAY beyond what the court stated I owed.

Customer:

I pay her portion of car payment/ins ($155) plus two auto debits 340 and 352. However our court order divorce agreement gives me the kids during summer months and we agreed I didn't pay during summer months.....so the monthly payment is really $675 times 9 months...I paid her $1050 times nine months spead out over 12 months for past 3 plus years.

meigs004 :

The court will definitely consider that you have been paying 375 over what was ordered. So you have filed a petition to modify child support?


 


 

Customer:

At this point we've agreed to do a review at the CPU. If that doesn't pan out then I will probably have to decide to take it to court. What is your thought on the review at CPU level?

meigs004 :

Advise me about what a CPU is, in the state of Texas.

Customer:

I have the request to do so but my ex has already requested the same thing...they actually really screwed up and took her notes on when I paid (she excluded summer months) which we both agreed were correct and the CPU IMMEDIATELY stated I was in arrears and interest 26K! They've since have been contacty by my ex stating I was not in arrears and stated they are taking Arrears off...without me doing anything...this all happened in the last six days! So if all goes wel that will be gone and we'll hopefully agree to an amount at the review. CPU is the child support unit (CSU) oops:) they act on behalf of Texas State Attorney general. My ex asked them for income review and they ignored that for her but processed "missed" payments...which they seem to acknowledge was in error now. Dust will settle and I just need to know based on Texas experiences if they normally grant overpayment if it was mutual between both parties and that we never had to go through court for payments.

meigs004 :

I just typed a really long answer to your question and the chat messed up.

meigs004 :

Allow me to re-type it for you.

Customer:

Did I miss a reply:)

meigs004 :

Sorry for the inconvenience.

Customer:

I'm trying to keep "kid gloves" on before involving lawyer because she does ADMIT that I've paid her more and I can prove it. Unfortunately some rulings seem to take overpayment and generocity...I'm trying to brace myself for a HUGE increase in child support if I don't get overpayment credit...could go up from $675 to 1500.

meigs004 :

You are in good shape. The ex is willing to vouch for you that you have over paid in child support, voluntarily, for the past couple of years, you have sufficient documentation to present to the review board to corroborate that claim as well. At the review, you can definitely present that evidence to the board, and they will consider a reduction in child support. I can not speak for the CSU, but it seems as though they would have take this information under consideration and grant you a reduction or maybe even reimbursement.

meigs004 :

All relevant financial information is taken under consideration at these types of reviews.

Customer:

Thanks. I have to go. Perhaps I'll chat further with you again soon. I really need to get an idea of how these types of reviews have historically went in TEXAS...they shoot first and pickup dad's later:). Thanks.

meigs004 :

Ok thanks. If you click the accept button it will save this post and you can come back.

meigs004 :

and ask me questions on this post, as well as compensating me for my time and work.

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