There is NO Court Order that orders DAD to PAY Child Support | He doesn`t owe me anything

you actually have a court order that orders Mr Smith to pay child support to Miss Smith yes you do no offense your interpretation is not the same thing as me reading it specifically from the court order okay so he doesn't owe me child support not after May 21st not after May of 20121 he do whatever he owed you have Matthew you don't owe me confirmation of child supporter ears the court order States this child support Ended as daughter graduated from high school although there was another child that's still under the age this is in the district court of Newton County Texas and it's in the interest of Barry Grace and Matthew Smith both parties are now present how are how is um Matthew covered with health insurance I have Medicaid and has um Mr Smith paid you any money directly no ma'am since your last order okay did you have any safety concerns with your personal information being in this order no no ma'am I passed this witness your honor um Mr Smith where are you working I'm working at EXL mulching in Carthage Texas well that's where their office is how much are you making per hour uh making 25 an hour and how many hours a week do you work I've only been working 50 for last month or so generally we work 60 hours but sometimes like now it's just slow so we're only working do you have any um health insurance available through your employer I I'm pretty sure that they offer it but I haven't been here long enough they've offered it to me how long have you been there uh close getting close to 90 days at the time I asked the court to take judicial notice of the prior order the court will take judicial notice of its own vile were you working at EXL muling at the time of the last order in 2019 I'm not sure what order that was that that's when uh they added some behind payments to it or something Have you previously worked at EXL Moi I've worked here on and off since 2013 okay okay you've been back there for the last 90 days yes ma'am my my kind of work Pipeline and just you start a job and once it's over you have to find another job like last couple months might last nine or 10 months you know I pass this witness sh call you next witness I have no more witnesses and um I went to I want to pretty much um nonsuit the modification and just get a confirmation of re do you actually have a court order that orders Mr Smith to pay child support to Miss Smith yes you do yes yes sh when was that signed uh uh that was signed November the 20th of 2019 right let's see if that you actually have that y'all be patient with me for just one second okay I got a court order signed by the judge on September the 11th of 2019 in this court order it says that apparently there was some earlier custody issues between Mr Miss Smith and some third parties yes sir all right so in this new custody issue from 2019 um the new custody that's okay Miss Smith just I've got the paperwork right in front of me okay yes sir I I don't no offense your interpretation is not the same thing as me reading it specifically from the court order okay yes sir all right and there was also one titled nunk of Prior order that was after that one all right so there were two children in the court order Gracie and Matthew Miss Smith was named as the primary joint Menage conservator Mr Smith was named as a possessory conservator amended order it said that he was supposed to pay her 7 $750 a month yes sh beginning October 1st okay and the state is non suited its request for modification yes because when we originally filed it his wages were a lot lower and now they've kind of gotten back to similar what it was in the prior order okay So based on what I oh we just lost hold on Mr Smith we lost Miss Smith of course that would happened as soon as I had gotten this all figured out we were getting ready to get finished you got a problem in this case Miss Leonard a big problem okay I have a question your honor hold on I can't do anything until Miss Smith gets back okay all right are you talking about the Annie child yep okay this child support ended as soon as as soon as Grace graduated from high school Mr Smith when did Grace graduate from high school uh that's what I was GNA tell you honor in 2020 she's she's married now and uh she's been living with her husband for two years she lives with me at the end of uh 2019 for about six months okay that's when graduated that doesn't yeah that doesn't that doesn't answer my question Mr Smith when Grace graduated from high school 2020 I believe okay so that means her child support would have ended in nove in the in October of 2020 even though she graduated four or five months before that all right so we do need 2020 and that was my question and unfortunately your pay record is also incorrect Miss Leonard because your pay record continues this child support which should have stopped on October the 30th of 2020 okay I you start the state does ask for the modification and we'll just have to get the pay record fixed yeah later you can you obviously have the right to start it up again because you have a child that's still under 18 but you know you can't the yeah we have to fix the pay record for the confirmation that you got to fix that court order yeah yeah so I want to do the modification and then we'll just um not suit the confirmation of AAR so that's in [Music] Reverse well um Miss Smith is still not joining us Mr Smith can you still hear me yeah yes sir all right so look this is what we got here I got one child that's still under the age of 18 yes sir and you need to be paying child support for that child yes sir but unfortunately the court order that was done in 2019 didn't order you to pay child support for that child right because the court order says that you pay $750 a month until any child oh wait that might be her look that is her Miss Smith I have reviewed all of the prior court orders in this case and there is a major problem with the court order that was done in 2019 okay I'm going to put this up on the screen so you can see it you see where it says that Mr Barry Glenn Smith junor is supposed to pay you $750 a month beginning October the 1st yes sir you see right there where it has the number one you see where it has you see where it has the child reaches 18 years of age because I have two that now 18 well yeah well the problem is you see where it says any child reaches you see where that says by one uhuh all right that means when any of the two children you had from this court order ages out his child support stopped well that's why I haven't been getting any uh that may be I just know that the court order says what it says so Mr Smith's child support should have ended um in uh October of 20120 when Grace turned 18 well she didn't graduate till May oh she didn't graduate till the the next May 2021 yes sir okay well then it should it should go through May of 2021 but it's it's supposed to stop then but why when I still I mean I I get why was it written like that I guess is my question I don't know I'm not the attorney who wrote it so I don't know why it was written that way okay so he doesn't owe me child support not after May 21st not after May of 2021 he doesn't whatever he owed you have Matthew well he's that's what I'm saying the court order the way this court order is written he doesn't he's not ordered to pay you child support for that child do you mean I have to go back to court no they've got a modification now I can fix this today because that's not fair that I know that Grace aged out but Matthew has not aged out I agree it's not fair but I can't I can't change the court order in the past Miss Smith all I can do is fix it from this point forward so all these months Barry doesn't owe me anything he doesn't owe you anything from may he doesn't may you he doesn't you anything from June of 2021 until now there was no child support ordered for that period of time okay I didn't I didn't create the order Miss Miss Smith I didn't write it I didn't sign it somebody else did all those things but that clearly what the court order says that's why we don't use any children in court orders y we don't do that any child stuff okay yes sir I don't agree with it but I can't go back in time and fix it Miss Smith the law doesn't allow me to do that all right Miss Smith is here miss Hill Leonard you can call your next witness Miss Smith yes um when well I just to make sure um you said that when did um Grace graduate I don't know she was born in 2002 so 21 probably is how that works that's when it was in May when she graduated okay you don't owe me nothing people I passed this witness shner and I call um Miss Shaw um where do you work I work for the Office of the Attorney General and what is your role any off a financial I'm a financial specialist okay and in your role um are you able to obtain um income information for the non custodia parents I am and what have you found for the past um year for Mr Smith I found that um he averaged $7,350 32 for the last four quarters and so um the monthly average was 4,000 77519 um do were there any other um quar for any other children no I did not find any okay uh I pass this witness sh are your next witness uh I have no more witnesses the state rest uh yes your honor all right well it's it's here so I need to try to get it fixed and worked out um Miss Smith I have just placed on the record um a copy of the pay record in your case with Mr Smith is it okay if I look at this pay record yes sir Mr Smith do you have any objection to me looking at this pay record no sir all right so I've uh already taken judicial notice of the Court's file which means I have looked at and reviewed all the prior orders in this case the court is going to note on the record that the court order from 2019 did change custody of the children and gave the children back to Miss Smith however the court order ordered Mr Smith to to pay child support um until any of the two children graduated which is a problem because there's a pretty good difference in the ages between the last two children that being Grace and Matthew so the way the court order is written that would mean when Grace uh emancipated Mr Smith's child support effectively terminated now Miss Smith said that she thinks that Grace graduated in 2021 Mr Smith do you agree with that do you think she graduated um the year the year after she turned 18 which is pretty normal actually she uh she dropped out of public school and she finished she still got holdi Miss Smith Miss Smith don't interrupt all right Miss tell to tell the facts well miss SM if you give me a chance I'll come back to you let you answer the questions your way okay yeah all right Mr Smith you said she dropped out of high school when did she drop out of high school I'm not exactly sure your honor she did help Mr Smith if you don't know when that happened it doesn't help me okay it was her senior year she finished with the high school diploma through a a home education type course thing but if you can't tell me when that happened Mr Smith I can't 20 2020 I'm I'm almost positive she graduated when she was 20 at 2020 Miss Smith do you know whether or not Grace uh dropped out of high school yes we we we went out of public school and we went to a home school where I paid for her education and that's how she when did she when did she drop out of public school I I I believe actually I believe she went her whole senior year to public I mean to private uh home schools okay so you don't think that she was enrolled her last year in school in a in a public school no sir she wasn't it was through a private school okay through a private school like a home school yes sir okay she is correct I'll just that's okay that's okay Mr Smith I haven't asked you anything else yet okay yes sir look guys you lived through this I didn't so I'm trying to catch up with with three years of history in about 15 minutes so let me make sure that the history I kept I catch up with is correct okay yes sir why did it why did it take the state long so long to get Miss Smith to cooperate with their lawsuit because I went to the actual place in like uh P Port Arthur or somewhere down there where my where I'm reged at to go to the office and they said I didn't do I have to do anything and so I don't know I'm just now getting emails to do this so I don't know I mean I didn't even request this so I don't know what do you mean it's taking me so long well and this is a lawsuit Miss Smith where the state of Texas repres the AG's office represents themselves they don't represent either you or Mr Smith so yes sir in a modification suit I have the right to go back all the way back to the date the parties were served to start this child support again unfortunately miss smth you were not served with this case until September the 28th of 2022 that means I can't start the child support again until octob October the 1st of 2022 how did you say that Matthew was covered for insurance Miss Smith Texas Medicaid okay Mr Smith do you have any other children besides Matthew that still under that are still underage these are my only three children a anything further from the state I know you're honor Mr Smith is there anything else you think I need to know about this case before I make a ruling uh no sir okay Miss Smith is there anything else that you think I need to know about this case before I make a ruling no sir all right look y'all this is real complicated you didn't make it complicated it's not your fault I didn't make it complicated it's not my fault the AG's office didn't make it complicated it's not their fault all right there's a bad court order in this case from 2019 that needs to get fixed and I'm gonna fix that today I wish I had the right to go back in time and fix it because this child Matthew deserves support all the time but I can't fix court orders back in time I have to just fix them and and keep moving okay the law doesn't allow me to go back in time and fix it okay so I'm going to fix what I can and that's what I'm going to do today of course going to find the court as jurisdiction the Court's going to find that based on the testimony the parties and all of the exhibits that have been emitted into evidence as well as the prior court orders in this case I'm going to find that as of uh her birth date in two in the year 2020 child support terminat um she was not fully enrolled in a accredited high school education program that allowed for child support to continue past her 18th birthday um home schools generally are not accredited it takes special type of Licensing to get accredited Miss Smith don't interrupt me don't interrupt me Miss Smith okay um I I know what the law is in regards to this issue and and unfortunately um homeschooling is not considered an accredited high school diploma so the child Sport's going to terminate as of October of 2020 uh the judgment will be granted as of the end of that month that I'll find that Mr Smith was behind in his child support the amount of $1,710 34 behind it his medical support the amount of $25 effective November the 1st of 20120 child sport terminat based on the court order from 2019 That's How It Was Written that how it has to be interpreted there's no room for me to maneuver within that court order to start Mr Smith's child support for the last two years I just I don't have the ability to do it but I can start it up now and I am going to start it up now starting October the 1st of 20122 Mr Smith is ordered to pay Crystal Smith the amount of $765 a month in child support I'll order Miss Smith to maintain the health insurance that she has on the child and he will be ordered to pay an additional $150 a month in cash medical U Mr Smith will pay back the Judgment that he owes for child support by paying an additional um or let's say $30 a month on the child support and we'll say $5 a month on the medical support um for those amounts those will also begin October the 1st of 2022 Mr uh Smith will be responsible for court cost but I'll give him until May 31st of 2023 to pay my court cost Miss uh Leonard did the state here all the terms and conditions of my court order yes your honor right um Miss Smith Mr Smith Miss Hill Leonard's office is going to prepare a court order for me as long as it matches what I said here today I'm going to sign it I'm gonna get it back to them and then uh they'll make copies of it send it to each of you now you don't have to be satisfied with my ruling there's no other way that a court can do anything other than what I did today but you have the right to appeal if you wish to do so if you wish to appeal your appeal has to be in writing it's got to be filed in the next three business days in the Newton County District Clerk's Office your appeal has to be specific you got to stay in your appeal what part of my ruling you disagree with and you're also responsible for making sure that you send a copy of that written appeal to all the other non-appealable 20 according to this pay record that I have um he owes $1,710 34 and child support and $25 in medical support you hon what about the child support that was paid since the child's support was you that up with the Attorney General's office Mr Smith I don't have any jurisdiction Mr Smith to order the AG's office to do stuff with money once they get the money in their hands they do what they wish that's a that's a federal law and I don't have jurisdiction in federal courts okay okay I wish you both the best of luck I really do wish there was something I could do to fix that court order from 2019 but I cannot go back in time the law doesn't allow it but I can at least fix it from this point forward you're both free to go try to have a good day you right thank you Bo