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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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CPA to determine child support

Resolved Question:

My ex pays $150 child support sporatically and claims that he does not have much income. I obtained a court order that ordered my ex to supply 2 years of tax statements, 2 years of checking and savings accounts, mortgage documents, trust fund and retirements annuity income. He still did not do this (refused) so I filed contempt of Court/Compel for failing to comply with a Court Order. He claimed in court that he has been paying child support, so that Judge (a different one from before) gave him 30 days to supply the income data and to provide documentation that he has been paying. He still did not provide the infor. So, 45 days later we went to arbitration, and that judge appointed a CPA to review the documents to determine arrears and for me and my ex to split the cost of the CPA. This makes no sense to me...why do "I" have to pay the CPA when my ex refuses to pay child support or even provide any documentation of income or that he has paid anything at all? What is my recourse?
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

Dear lumadixon - This makes no sense to me either. Your ex is obviously in contempt of court and should, at the very least, be responsible for getting the information at his expense. Your only recourse is to appeal the arbitration decision to the court as it pertains to the cost of the CPA. Also I'm not certain why you need a CPA to determine the arrearage since the Bureau of Support should have all of the documentation.

If you are not represented by an attorney I would get one and then file a motion for contempt and ask for attorney fees. This is ridiculous and it sounds like you are being horsed around by someone based on what you told me.

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 6 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thanks. He was suppose to pay the child support to the TX Bureau of Support but he refused. He simply mailed the child support checks directly to me instead. I kept asking him to send it to the child support agency because I was not going to keep photocopies of the checks for record. He only paid about five times all of last year and he claims that he has paid it all. That is why, I requested that he provide the cancelled checks as evidence but he did not..... thus the CPA was appointed. I really cannot afford an attorney.
Expert:  Dave Kennett replied 6 years ago.

Well he is in contempt for not paying to the Bureau of Support in addition to not paying enough. I still can't believe you should have to pay for a CPA but I have no way to go to court for you. Many courts will award attorney fees in cases like yours so you may want to see if your local Bar Association can refer you to an attorney who would accept the case on that basis.

Dave Kennett

Customer: replied 6 years ago.

Hi,

Here is an update on my situation and a question(s). I have not gotten a chance to seek a lawyer when I was notified from my ex that the Division of Child Support recently took his entire tax refund (approx $3000) for nonpayment. The amount that they took from him is more than what he owes but I do not know exactly what he owes. He is now sending me threatening e-mails saying that he is going to press charges on me for child support fraud unless I contact Child Support and clear it up. What is he talking about? What did I do that was fraudulent?

Also how do Child Support usually handle this situation? They told me that taking tax refunds is thier normal procedure and that they will hold onto it for about 3 months then forward it to me. If they forward to me more that what he owes...what do i do?

Expert:  Dave Kennett replied 6 years ago.

You do not have to do anything. Finally the system is working in your favor! Any discrepancies in child support is between him and the Bureau of Support and you have nothing to do with any of it. When you get the money you can keep it and tell him to work out his problems with the Bureau.

My guess as to what is happening is that the Bureau is not crediting him with the direct payments he sent to you when he refused to pay through the Bureau. That's his problem, not yours. You did nothing fraudulent and you even told him to pay through the Bureau. Obviously if the Bureau asks you if he paid directly you must tell the truth.

Trust me, you are in the clear on this one. He is now paying for his arrogance for not paying his child support in the proper and timely manner.

Dave Kennett

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 6 other Legal Specialists are ready to help you

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