Friday, October 14, 2016

Can Direct Child-Support Payments be Used as Evidence in an Enforcement Proceeding?

Originally published by Guest and Gray Law Firm.

What is a direct Payment?

A direct payment is any payment that is made outside of payments made to the State Disbursement Unit in San Antonio. Most child-support orders require that all payments be made directly to the State Disbursement Unit in order to satisfy a child-support obligation. In fact, if a child-support order has an income withholding order, which most do, then federal law requires the employers to send these amounts that they withhold from an employee’s check directly to the State Disbursement Unit. However, there are many times that either because of an old order or because of confusion between parties, the person who is supposed to be paying child-support decides it would be easier to just pay the money directly to their child’s parent. This can be a real problem when it comes to enforcement and can cause a huge headache for both parties. Some people may assume that when an order says that child-support must be paid through the state registry that there is no hope for someone who gets pulled into court with enforcement and who could potentially owe hundreds, thousands, or even tens-of-thousands of dollars. At least one court of appeals in Texas would have even agreed with you on that up until recently.

Can a trial court look at direct payments as evidence?
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