- 17 - $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. BaderPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011