Mom Doesn`t Want to Repay $13,000 Over-Paid Child Support | The Money was for Emotional Needs

The court case revolves around Dad`s overpaid child support payments. Mr. Guy confirms that he has been having his wages garnished for child support purposes since his son graduated high school. He also confirms making his last child support payment in September 2022. The state disbursement record is also presented as evidence, showing that Mr. Guy overpaid child support by $13,476.88. Mr. Guy confirms the accuracy of this amount and states that he has not received any reimbursement for the overage. He requests a judgment for the excess amount and for attorney fees incurred in pursuing the reimbursement.

Mr. Guy expresses his desire for the court to award him the excess child support amount and attorney fees, as he has not received any reimbursement from Miss Williams. He confirms that he has not been repaid any of the overages and requests the court to provide him with a judgment for the excess amount. Mr. Guy also indicates that there is no further information he believes the court needs to hear. The witness, Mom, is representing herself in the legal proceedings. Miss Williams is called as the next witness and confirms her son's age and high school graduation in May 2021. She also mentions her son turning 18 on December 13th, 2020. The questioning then moves to a specific time frame from September 7th, 2011 to September 27th, 2022.

Mom testified that she did receive child support payments for her son even after his son graduated high school. When asked if she returned any excess money after his son graduated, Mom stated that she did not. Mom explained that in December 2020, she was notified by Texas Child Support that his case was no longer a court order. She believed that his son's father was not fulfilling his responsibilities towards their child, and saw the continued child support payments as a way to make up for that.Mom argued that child support only started in 2011 and before that, she was solely responsible for supporting her child. She expressed that there were nine years where she took care of her child without financial assistance from the father. She emphasized that raising a child involves more than just financial support, citing medical and dental bills as examples.
The over-paid child support payments were necessary to compensate for the father's lack of involvement in his son's upbringing.

The judge questions Mom about why she should be granted some credit for overpayments after 2011, to which she responds by emphasizing the emotional and physical needs of raising a child and the father's lack of support. The judge expresses skepticism about granting credit for the overpayments. Mom discusses her family's health issues and recent financial hardships in court. She explains that she cannot afford to repay $13,000 and questions why she should be obligated to pay. The judge emphasizes the legal standards that must be met for forgiveness and highlights his limited authority in custody and child support matters. The defendant is urged to provide a legal reason for not repaying the money. The prosecution and defense attorneys do not have further questions for the defendant, and the judge inquires if the state has any additional witnesses. Dad`s Attorney emphasized the law outlined in section 54.012 of the Family Code, which allows for the collection of excess child support payments. They mentioned that the obligee had not repaid the overage, leading to a total judgment of $19,284.88. The judge acknowledged the controversial nature of the overpayment and discussed the need to determine the repayment amount and interest rates before making a final ruling.

Pro se actually means “for himself,” and in legal terms it means a person represents himself/herself in court when either filing an action or responding to an action without the assistance of an attorney.

Pro se litigants are held to the same standard as attorneys

The minor child emancipated when they turned 18 years old, 4 years ago

Child support is not automatically terminated when a child turns 18, graduates from high school, or qualifies for an early exception. The termination needs to be done legally to stop the income withholding. To do this, you or an attorney will need to file a Motion to Terminate Withholding for Child Support in the court that issued the original family court orders. A hearing will be scheduled, where the judge will review the petition and, if everything is in order, will sign an order terminating child support

   • Mom Ordered to PAY Back $8,000 in Ove...  

Mom Ordered to PAY Back $8,000 in Over-Paid Child Support | Fraud Committed On the Court
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