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presented a bank statement to show that she did not receive her
first child support payment from the department, via direct
deposit, until July 8, 2002. She therefore argues that check Nos.
1129 and 1148, both dated in May and whose sum is equal to an
installment of a child support payment, were in actuality child
support since she received nothing from the department until July.
Ms. Bader is essentially arguing that Mr. Ray failed to pay
the May child support to the department. This argument, however,
is not persuasive. According to Ms. Bader’s own testimony, Mr.
Ray had always been timely with his child support payments during
their separation. In the one instance where he forgot to make his
child support payment, he promptly paid upon her request. It is
likely that the 2-month delay was attributable to processing and
setting up the initial account for the child support payments. In
light of Mr. Ray’s payment history and the canceled check for the
May child support payment, the Court concludes that Mr. Ray paid
child support to the department for May of 2002.
In this case, both check Nos. 1129 and 1148 were made payable
to “Jennie Ray” in May of 2002 and were dated after the check for
May child support. It logically follows that these payments were
alimony. For the Court to find otherwise, it would require an
assumption that Mr. Ray made $4,000 of child support payments in
May of 2002--$2,000 to the department and another $2,000 to Ms.
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