Posted by Melissa, mlbweb@yahoo.com, on 1/06/01

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A friend of my is being sued by his ex-wife for back child
support which he has paid the past 10 years by check which
said in the memo Child Support and the pay period. THe
divorce decree, issue in Texas, order that child support be
paid thru the courts and that any checks made out to his ex-
wife are considered extra.

After my friend lost his job one one year after the
divorse, he tried communicating with the courts and sending
them checks instead of having his wages garnished as he was
not working. His ex-wife was impatient because the courts
were slow and misplacing the checks. She asked him if he
would pay directly from then on so that she would get the
checks on time every two weeks. My friend agreed to that.
This agreement was just verbal, not formally drawn up by
lawyers.

His ex-wife is in need of money, like she always has been,
because she is in huge debt and is re-married to a
uhskilled, un-educated man with two daughters. This man
mades only 12.00 per hour from what my friend last heard.

Does my friend have any recourse? He has saved all 10 years
worth of checks to prove that he did pay child support as
his ex-wife requested.

Can my friend sue her for excepting money on false
pretenses? Please help as this involves a lot of money.

Re: paying childsupport directly instead of through the cour, 10/16/02, by Cheryle.

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