QUESTION

legally separated from my wife I found out she has been receiving child support since 2012 we didn't separate til 2019 we were married living together

Asked on Nov 27th, 2023 on Child Support - Texas
More details to this question:
I need to file for divorce i owe arrears on my child support I pay every week, we have been married and living together until 2019 i just saw on the OAG website that she had been getting child support from 2012 to 2016 plus my tax returns when we were together an married. now that I am trying to legally get divorced I owe 40k in child support. i have zelled and pay pal her weekly since we separated and then oag started withdrawing from my check. how can I fix this
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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Your question is a little confusing.  It sounds to me like you say your wife has been receiving child support from you since 2012.  So I am assuming that in 2012, you and she were not married, but had a child together.  At some point thereafter, you got married, but no one notified the OAG or SDU.  An order for you to pay child support automatically terminates when the payor marries the payee.  Tex. Fam. Code 154.006(b).Since you say you need to file for divorce, I assume that you and she are still married, but have been separated since 2019.  If so, you need to file a motion to terminate withholding and attach a copy of your marriage certificate proving the date on which you were married.  It is a math question whether all of the support you paid through the OAG, including any tax refunds, exceeds the total amount of child support you owed from the date the order was entered through the date of your marriage.You might be able to argue that amounts you paid her other than through the OAG, via Zelle or PayPal, also ought to be credited to any past due child support you owe her for the time before your marriage.  The burden will be on you to show that those payments were specifically for child support, and not for another purpose.  
Answered on Dec 08th, 2023 at 1:19 PM

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