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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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I am involved with a court documented legal separation that

Resolved Question:

I am involved with a court documented legal separation that has ordered me to make commission / bonus payments directly to my ex by way of wire transfer, check, etc...

In the copy and pasted portion from Child Support agency it states that ALL payments for child support are to go directly to their office. Does that make the direct payment null and void?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What was the direct payment situation? Was that how you were paying before?

ScottyMacEsq :

(pursuant to an order or just voluntarily?)

Customer:

pursuant to an order was 100% of my bonus and commissions.

Customer:

the amount owed is punitive and unjust

Customer:

we reconciled in sept of 2012 and i moved back into the house and since than i moved about a month ago because she asked for the divorce to continue.

ScottyMacEsq :

So there was a direct payment of this amount, and then a different order saying it needs to go to the agency, correct?

Customer:

the direct payment of 100% bonus was from her attorney but in the agency it states all payment for child support are to be made to them

Customer:

drafted from her attorney. S

ScottyMacEsq :

You will need to go based upon the latest order. To the extent that the order changes a previous order, that previous order will be null and void. Now if the new order doesn't change some aspect of that previous order, that unchanged aspect will continue.

ScottyMacEsq :

But any conflicting provisions, the new one will control and the old one will be void.

ScottyMacEsq :

(even if it was part of a settlement agreement, since the settlement agreement is contingent upon judicial oversight, review, and modification)

Customer:

they were both in one order but not consistent with each other in the direction of payment.

ScottyMacEsq :

I see. That's a bit more difficult. I would suggest paying to the child support agency, and filing a "motion for clarification" based upon this discrepancy.

ScottyMacEsq :

Basically a motion for clarification is simply where you ask the court to handle the contradictory terms and clear up the ambiguity

Customer:

i am looking for a way to negotiate and modify the 100% commission portion and that was the part i was grasping as leverage that this contradicts

ScottyMacEsq :

To the point that it was ordered by the judge, that probably is not a way to leverage it. It could still be something that you can appeal as unjust and excessive. But typically clerical errors (such as misstatements of the amount owed, to whom paid, etc...) are not substantive, and don't amount to things that you can hold over the judge's head.

ScottyMacEsq :

You could file a motion to reconsider, which would be the first step in getting a downward modification.

ScottyMacEsq :

If denied, then you would want to appeal.

Customer:

ok thanks for your help

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

marriage sucks!

ScottyMacEsq :

Sounds like divorce and separation sucks... although I absolutely understand your situation, and I do wish you the best of luck in it.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12117
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
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Licensed Texas General Practice Attorney