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He Overpaid Child Support by $28,000! Will He Get It Back?

Wilson vs. Henry Child Support Hearing Summary

Case Basics:

Case Name: Bell County Cause No. 243,000-089, In the Interest of Wilson, Minor Child
Parties:
John Mark Wilson (Father): Non-custodial parent, represented by the Pritchard Law Firm (Mr. Star, Mr. Glass, and Mr. Diamond)
Dornisha Nina Henry (Mother): Custodial parent, represented by Mr. Choppa.
Nature of Proceeding: Motion for Modification of Child Support and Motion to Confirm Arrears.

Key Points and Arguments:

1. Income Determination:
Agreement: Parties agree that Mr. Wilson's net monthly income for child support calculation is $8,199.51 (tax-free).
Agreement: Mr. Wilson pays $78/month for the child's health insurance.

2. Child Support Calculation:
Guideline Child Support Calculation:
Credit for Social Security Payments:
Argument for credit: Mr. Wilson has been sending his Social Security disability checks to Miss Henry as child support since 2013. These amounts exceeded the previously court-ordered $444/month.
Mr. Star claims an overpayment of $28,724.78 (as of October 4, 2023).
Arguement against credit: Mr. Choppa stated these payments are something the child is entitled to.
Arguments by both Counsel: Mr. Wilson is asking the court for either credit or to be refunded for past overpayment.

Mr. Wilson's Honesty: The Attorney General seems to be taking a hard line, as the court has already appointed Mr. Glass because they believed Mr. Wilson was untruthful with his earnings, and that they should not pay him back because of it.
Legal Terms and Concepts

Pro Se Litigant: An individual representing themselves in court without an attorney. The Judge mentioned that someone was previously considered a pro se litigant but is no longer in that status.
Custodial Parent (CP): The parent with whom the child primarily resides.
Primary Conservator: In Texas, this parent has the legal right to make most decisions for the child.
Sole Managing Conservator: A parent who has the exclusive right to make decisions for the child, without input or agreement from the other parent.
Temporary Orders: Court orders put in place while the case is pending, often addressing urgent needs.
Possession Orders: Orders specifying when each parent has physical custody of the child.
Standard Possession Order: A common visitation schedule in Texas, typically involving weekends and holidays.
Child Support: Financial payments made by one parent to the other to support their child.
Medical Support: Orders requiring a parent to provide health insurance for the child.
Minimum Wage Presumption: Using the minimum wage as a starting point to calculate child support for a parent with limited or no documented income.
Family Violence: Acts that cause harm or create fear of harm between family members.
Non-Disclosure: An order that limits or prohibits communication between the parents.
Neutral Location: A safe, public place for exchange of custody when parents are unable to meet peacefully.
App Close: A messaging app used for communication between parents, to provide a record of communication.
Acknowledgment of Paternity: A legal document signed by a man admitting he is the father of a child.
DNA Paternity Analysis: A test to determine the biological father of a child.
Bond: A payment made to secure release from jail, often with conditions.
Restricted Area/Save Zone: Conditions of a bond that may limit where an individual is allowed to go to protect the safety of a potential victim.
Redirect: When an attorney questions their witness again after they've been questioned by the other side.