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$1,000, unless Mr. Ray could prove otherwise. Check No. 1129
falls within this category.
Subsequent to the examination, Mr. Ray obtained a copy of
canceled check No. 1129. It was made payable to “Jennie Ray”, and
had a notation of “Alimony”. In addition, Mr. Ray introduced a
copy of canceled check No. 1126, dated May 2, 2002, made payable
to “Harris County Child Support” in the amount of $2,000 (May
child support) to prove that a separate child support payment was
sent to the department in May of 2002. At trial, Mr. Ray argued
that check Nos. 1129 and 1126, when viewed together, showed that
the entire $3,000 of check 1129 was alimony.
Mr. Ray contends that the May child support payment was the
first time that he had sent his payment through the department.
Mr. Ray explained that check No. 1114, the payment immediately
preceding check No. 1129, bore a notation of “1000-child support
2000-alimony”, because in April he did not know where the child
support payments should be sent. Checks thereafter did not
specify a child support and alimony split, because all child
support payments were sent through Harris County, and all alimony
payments were sent directly to Ms. Bader.
Ms. Bader, on the other hand, does not remember whether the
checks at issue were intended as child support or alimony, but she
nevertheless contends that they were for child support. Ms. Bader
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