She Spent $8,000 on Lawyers Because His Support Check Was 2 Days Late!

Ajouté : 2026-05-15

[00:00:00]We're here today on the first amended motion for enforcement of child support that's been on file with the court since February 25th of 2026. Is that correct?

[00:00:11]>> All right, your honor. This is our u enforcement mother's enforcement. It's a child support enforcement. Your honor, we are alleging u 15 separate violations of late payment of support.

[00:00:23]Uh the order that's on file in this case requires child support be paid on the first of each month and on 15 separate occasions u respondent has failed to pay to child support timely.

[00:00:39]U respondant might say in this case well I've gained all of my support and this motion is frivolous. However, I would reiterate to the court that the fifth court of appeals in Dallas has said the fact that an obligor may not be in rears in child support payments at the time of contempt hearing does not excuse the fact that he has not made the support payments on the dates on which the payments were ordered due. And that's exactly what we have here, your honor.

[00:01:12]The late payments have caused my client trouble paying her rent on time, getting groceries for her child, and we needed to stop. We need payments to come in on time. I'll pass. Thank you, honor.

[00:01:25]>> Thank you. Council, would you like to make an opening statement?

[00:01:29]>> Yes, judge. Briefly, >> you may proceed.

[00:01:32]>> Um, your honor, this is not a contempt case. The decree defines delinquency as more than 30 days or a month of unpaid support. Out of the 15 violations mother alleges, this has happened one time.

[00:01:47]However, every payment was made and in fact, we believe that the evidence will show that my client has actually overpaid at this point. The OAG financial activity report and the OAG record and both parties evidence um actually confirms this. What we have here, your honor, is a timing dispute.

[00:02:07]We are talking about days, not defaults.

[00:02:11]This is not willful compliance or willful non-compliance for the purposes of content. Accordingly, your honor, we are here asking the court to deny Miss Sites's enforcement and award my client all of his fraternity fees incurred in me having to be here today. Thank you.

[00:02:26]>> Thank you. Council, you may call your first wings.

[00:02:30]>> Thank you, honor to call my area sites.

[00:02:33]Ma'am, if you just have a seat right here and just pull the microphone closest to your mouth.

[00:02:48]>> It said the resour.

[00:02:53]>> It's on page nine.

[00:03:01]>> Council, whenever you're ready. Thank you. Mr. S, can you please state your full name for the court?

[00:03:06]>> Yes, it's legally Ariel Park.

[00:03:09]>> Thank you, Miss Park. Um, there was an order for child support entered in your case back in December 19th of 2024. Is that correct?

[00:03:19]>> Yes.

[00:03:19]>> Okay. And it ordered Justin Sykes to pay you 1472 in current child support.

[00:03:26]>> Yes.

[00:03:26]>> Okay. And it also ordered him to pay you 30579 in cash.

[00:03:31]>> Yes.

[00:03:33]And what was the due date for those payments?

[00:03:36]>> The first of every month.

[00:03:37]>> Thank you. And those payments started back in November of 2024.

[00:03:43]>> Yes, that's correct.

[00:03:45]>> U initially, how are you receiving child support payments from Mr. Sites?

[00:03:52]>> Via Venmo or Excel.

[00:03:54]>> Was there a reason why he was paying you directly?

[00:03:56]>> Yes. He said I should not um sign up through the OE because the payments would be late probably about a month late if we if we >> Okay. And he did pay you informally for some a period of time, correct?

[00:04:12]>> Yes.

[00:04:13]>> Uh was that period roughly November of 2024 to May of 2025?

[00:04:18]>> Yes.

[00:04:18]>> Okay. Um and you're not disputing that you received those payments.

[00:04:22]>> I'm not disputing that you you're willing to give them credit those informal payments. Yes.

[00:04:26]>> Were any of those payments made on time?

[00:04:29]>> I think the first couple remained. The first two.

[00:04:34]>> Okay. Can you take a look at what I have marked as mom's exhibit one in front of you?

[00:04:39]>> Yes.

[00:04:41]>> Do you recognize that?

[00:04:43]>> Yes.

[00:04:44]>> Is this an affidavit of direct payments that you completed?

[00:04:47]>> Yes.

[00:04:48]>> Okay. and take a look there for me and tell me um how many payments that you admit were paid formally were made on time.

[00:04:57]>> One B was made on the first.

[00:05:00]>> Okay. Um after May of 2025, did you start receiving payments formally to the state?

[00:05:07]>> Yes, I did.

[00:05:08]>> Okay. Have any of those payments been made on time?

[00:05:11]>> No. Want you to look at what I have marked as mom's too.

[00:05:20]Do you recognize that document?

[00:05:22]>> Yes.

[00:05:23]>> And is that a updated child support payment record that we've received from the state of Texas?

[00:05:28]>> Yes.

[00:05:28]>> Okay. Um do you see any dates listed there which show um child support payments made on the first of each month?

[00:05:37]>> No.

[00:05:38]>> Is Mr. Sites employed?

[00:05:40]>> Yes.

[00:05:41]>> Is he employed for a company or is he self-employed? He's self-employed.

[00:05:45]>> And in your order, there was a sus suspension of withholding. Is that correct?

[00:05:51]>> Was were his payments ever withhold from his paychecks withheld?

[00:05:55]>> Um I'm not sure if that means >> Does he have an employer that can withhold the child support amount from the paychecks before he gets them?

[00:06:02]>> No, he does not.

[00:06:02]>> Okay. He's self-employed.

[00:06:04]>> Yes.

[00:06:04]>> So, he gets to determine when he makes the payments.

[00:06:07]>> Yes.

[00:06:07]>> Okay. Um, I want you to look at mom's three.

[00:06:15]Are those proof uh is that proof of the vendual payments that were made or zel payments made directly to you?

[00:06:21]>> Yes.

[00:06:21]>> Okay.

[00:06:24]What What happens when he pays the child support late?

[00:06:28]>> Um, I cannot pay my rent on time and I incur eviction notices and late fees through my apartment. And how often does that happen?

[00:06:40]>> Nearly every month.

[00:06:41]>> Okay. Um, has it given me trouble getting groceries, paying other bills and expenses?

[00:06:47]>> Yes, absolutely.

[00:06:49]>> Okay. And you're here today asking the court to order Mr. Sykes to pay by the first of the month.

[00:06:56]>> Yes, please.

[00:06:58]>> And we've also asked that the court order he pay a bond um in the amount of at least $10,000. Is that right?

[00:07:04]>> Yes. in in the case of future enforcements or future late payments.

[00:07:09]>> Correct.

[00:07:10]>> Okay. Um concern.

[00:07:18]>> All right. Cross.

[00:07:21]>> Yes, ma'am. Is your salary approximately $68,000 a year?

[00:07:28]>> Um is that before or after taxes?

[00:07:30]>> Your salary. So before taxes?

[00:07:33]>> Before taxes. No, I've gotten raises since that number.

[00:07:37]>> Okay. So, what is your annual salary now?

[00:07:40]>> I believe it's uh I just got an increase in March, so I believe it's $85,000 roughly.

[00:07:47]>> Okay. You're earning $85,000 a year, correct?

[00:07:52]>> I want to look at the violations that you alleged in your enforcement, your first amended enforcement. Um, for violation number one, um, you're alleging that my client did not pay his December 2020 for child support until December 2nd.

[00:08:11]>> Correct.

[00:08:13]>> Um, and you acknowledge that he paid you the support, but that it was one day late.

[00:08:18]>> Yes.

[00:08:19]>> Violation number two, you alleged that he paid your January 1st child support on January 3rd. Yes.

[00:08:29]>> So, you acknowledge that he paid you, but that it was two days late.

[00:08:33]>> Correct.

[00:08:34]>> Violation number three. You alleged that he paid you, but he paid you on February 3rd instead of February 1st. Is that correct?

[00:08:44]>> That's correct.

[00:08:45]>> Violation number four.

[00:08:48]You allege that he paid you, but he paid you on March 6th instead of March 1st.

[00:08:55]Incorrect.

[00:08:58]Violation number five. Um, you state that your April 1st, 2025 or your April 2025 child support payment that you didn't receive that until April 3rd.

[00:09:11]>> Correct.

[00:09:12]>> So, he was 2 days late.

[00:09:14]>> That's correct.

[00:09:15]>> You're asking the court to hold him in contempt.

[00:09:19]>> Yes. and and potentially have him handcuffed and jailed like we just saw in the hearing before us.

[00:09:27]>> Correct.

[00:09:28]>> When he's a couple days late on child support, it >> it's been actually two months.

[00:09:34]>> Objection, nonresponsive.

[00:09:38]>> When he's a couple days late on child support, you're asking for the court to have him incarcerated. Ma'am, >> it's more than a couple days, ma'am.

[00:09:46]>> Objection. Non responsive. sustain.

[00:09:50]>> I'm just talking about the violations that we just went over. Violations 1 through five.

[00:09:55]>> Oh, yes, that's correct.

[00:09:58]>> Violation six and seven. Um, admittedly, payments were a little bit later this goound. We have May 14th and June 11th.

[00:10:07]Correct.

[00:10:08]>> Yes, that's correct.

[00:10:10]>> And you acknowledged again that you received payment on those months.

[00:10:14]>> Yes. Correct. within the month that the payment was due >> on May 14th and June 11th. Is that what you said?

[00:10:22]>> Yes.

[00:10:23]>> Oh, okay. I need to look at this. Maya, you've received all the child support payments, correct?

[00:10:32]>> I have not received May yet.

[00:10:34]>> Okay. But you we're talking about 2025.

[00:10:37]You have received May and June 2025.

[00:10:39]>> Yes. Correct.

[00:10:42]in your own exhibit 3 and you just testified to the fact that my client has paid you directly. Is that correct?

[00:10:48]>> Yes, that's correct.

[00:10:49]>> Okay. And have you had a chance to review the OAG financial activity report in this case?

[00:10:56]>> Yes, I have.

[00:10:57]>> Okay. And so you're aware that those direct payments are actually not reflected on the OAG financial activity report. Correct.

[00:11:05]>> I have submitted my all paperwork needed on my end. I'm not sure why it's not reflected on there, >> but you agree with me that the payments that my client made to directly are not reflected on the OG financial activity report at this time. Correct.

[00:11:19]>> I don't know. I'm not in charge of that.

[00:11:21]So, I don't know why they haven't reflected.

[00:11:23]>> And um uh the binder in front of you, that's a a skinny white binder. If you wouldn't mind grabbing that for me, please.

[00:11:36]If you turn to tab one for me, please.

[00:11:38]Father's exhibit F1.

[00:11:43]You acknowledge that you received this letter through your attorney over two months ago. Correct.

[00:11:49]>> Correct.

[00:11:50]>> And it asked you to non suit your case.

[00:11:53]>> That's correct.

[00:11:54]>> And you chose to proceed anyways.

[00:11:56]Correct.

[00:11:56]>> That's correct. It asked you to sign a direct payment affidavit to reconcile the OE payment log to reflect payments made to you directly. Correct?

[00:12:05]>> I already done that.

[00:12:06]>> Okay. Did you or your attorney ever tell us that you had submitted that to the OAG prior to coming here today?

[00:12:14]>> I believe so. We about that my attorney and I.

[00:12:18]>> But you don't have any evidence here today that that was provided to us and and told to us that it was submitted to the OG. Correct.

[00:12:26]I don't believe that that's under my jurisdiction.

[00:12:32]>> So, ma'am, would you agree with me if the OG payment log shows that he's about 1 month behind on child support? You agree with me that that's the fact right now, right? I'm sorry. Can you repeat that, please? Sorry, that was confusing question. You agree with me that the OA financial activity report currently reflects that my client is one month behind on his support obligation?

[00:12:55]To my knowledge, he is one month behind.

[00:12:57]>> And you agree with me that there are a handful of payments that you received that have not been reconciled on the OAG payment log at this time. Is that correct?

[00:13:06]>> I don't know the numbers. Whenever I go to see if they've corrected it, I still see numbers in that tab. I don't know what the numbers what the total is.

[00:13:17]Would you agree with me that if the OA ag actually reconciled the accounting to reflect the payments that you received directly, my client would actually be overpaid in child support at this time?

[00:13:29]>> I don't and I don't know where that number >> conjunction nonresponsive >> sustain after I don't >> violation eight and violation nine ma'am.

[00:13:44]um of your amended enforcement.

[00:13:57]You claim that you received the July CH 2025 child support, but you received it on July 15th. Correct.

[00:14:05]>> That's correct.

[00:14:06]>> And you claim that you received the August 2025 child support, but you received it on August 19th. Is that correct? That's correct.

[00:14:14]>> So again, you're not complaining that you didn't receive that child support.

[00:14:18]What we have here is another tiny issue.

[00:14:20]Correct.

[00:14:20]>> That's correct.

[00:14:22]>> Your exhibit 4 consists of your attorney's invoices.

[00:14:27]When we total it up, we see that you've incurred over $8,000 in attorney's fees, not including what you're incurring today. Does that sound accurate?

[00:14:37]>> Yes.

[00:14:41]And yet, it's possible once the OAG reconciles payments that you've received directly, it could show that my client has actually overpaid you by near that same amount.

[00:14:52]>> That is incorrect.

[00:14:55]>> I don't have time to go through all the remaining violations with you, ma'am.

[00:14:58]But just to be clear, you have received all of the monthly child support payments that you're owed at this point until May. Yes.

[00:15:06]>> May 2020.

[00:15:08]>> May 2026. Yes, >> ma'am. Do you think it's reasonable that you've incurred over $8,000 in attorney's fees when there's a possibility that you've been overpaid child support?

[00:15:21]>> I don't believe there is any possibility that I have overpaid child support.

[00:15:28]>> Okay. Say for the sake of conversation that you have not been overpaid child support. Do you still think it's reasonable that you've incurred $8,000 to be here today? Would you acknowledge that you have received all of the payments that you owed except for one?

[00:15:43]>> I do because I have made >> objection nonresponsive after I do.

[00:15:47]>> Sustain.

[00:15:49]>> Do you think it's reasonable that your daughter's father goes to jail over this?

[00:15:54]>> I would prefer he not go to jail.

[00:15:56]>> Ma'am, do you understand that in your amended enforcement petition, you ask the judge to put him in jail over this?

[00:16:02]>> I understand that.

[00:16:04]>> Do you understand my client's self-employed? I understand that.

[00:16:08]>> And so you understand that you will absolutely not receive child support timely and likely not at all if he is incarcerated.

[00:16:17]>> I understand that.

[00:16:18]>> And you're here you're requesting that.

[00:16:22]>> I remember he's not incarcerated. But yes, I understand that's part of this.

[00:16:27]>> Pass.

[00:16:28]>> Okay. Council, you have exactly um 4 minutes and 58 seconds left. Attorney um Berlin, you have 13 minutes and two seconds.

[00:16:38]>> Miss Sites, um we filed a proposed order in this case. Is that right?

[00:16:42]>> Yes.

[00:16:42]>> And we ask that the court suspend any commitment of Mr. Sites. Is that correct?

[00:16:47]>> I'm sorry.

[00:16:48]>> Can we ask the court to put Mr. Sites on probation? Is that correct?

[00:16:51]>> Yes.

[00:16:52]>> Okay. Um now, you're aware that um council brought up the issue of the letter that she sent to us. You recall that question?

[00:17:02]>> Yes. You're aware that prior to that letter being sent to us, I contacted Miss Lindall and I talked to Miss Lindal about the potential to settle this case.

[00:17:12]>> Yes.

[00:17:12]>> Okay. And I was and I informed you that I wasn't able to do that.

[00:17:15]>> Correct.

[00:17:16]>> Okay. Um and essentially Miss Lindall's letter was a demand that we dismiss our case.

[00:17:23]>> Yes.

[00:17:24]>> Wasn't a settlement letter. It was a letter demanding that we dismiss our case and she won't go after her attorney's fees.

[00:17:32]Yes.

[00:17:33]>> Okay. Um, >> how often have you brought this up? A late payment issue to Mr. Science.

[00:17:40]>> It's been multiple times, please, emails, texts.

[00:17:45]>> What happens when you bring it up to him?

[00:17:47]>> He tells me that I can take him to court and he can I can demand that the court take care of it.

[00:17:53]>> Does he take you seriously?

[00:17:55]>> I don't think so.

[00:17:56]>> Even after we filed our case, did he continue to make late payments? Yes, he continued to make late payments after we filed our case.

[00:18:03]>> Even after we amended our uh petition in this case, did he continue to make late payments?

[00:18:08]>> Yes, that's correct.

[00:18:09]>> Has he ever made any payments on time outside of the first payment that he made?

[00:18:13]>> No.

[00:18:14]>> Okay.

[00:18:16]Are you claiming that you haven't received all of the child support?

[00:18:19]>> I'm not.

[00:18:20]>> What are you claiming? I'm claiming that I would like him to pay me on the first of each month or as close as possible or at least give me notice um to when to expect that I can receive my child support payments. Do >> you believe court order should be followed exactly to a T?

[00:18:39]>> Yes.

[00:18:40]>> Okay. And if the court order were to be followed exactly to a T, when are the payments due?

[00:18:46]>> First of every month.

[00:18:47]>> Okay. Have there been occasions where Mr. for sites has been over 30 days late on payments.

[00:18:53]>> Yes.

[00:18:54]>> How often has that occurred?

[00:18:55]>> Two times. Two months.

[00:18:57]>> Okay. Um do you recall when those months were?

[00:18:59]>> Yes. September 2025 and February 2026.

[00:19:04]>> February 2026. So this year?

[00:19:05]>> Yes.

[00:19:06]>> After we filed our enforcement?

[00:19:08]>> Yes.

[00:19:08]>> He paid over 30 days late.

[00:19:10]>> Yes.

[00:19:12]>> Was that a slap in the face to you?

[00:19:14]>> Yes.

[00:19:14]>> Okay. Um are you struggling to make your bills on time?

[00:19:19]>> Yes. Okay. What does Mr. Sykes do for Lily?

[00:19:23]>> He's an interior designer.

[00:19:24]>> Okay. Does he work for HomeGoods?

[00:19:28]>> No. He works for very high-end residential, primarily residential projects and clients.

[00:19:33]>> Does he make good money?

[00:19:34]>> Yes.

[00:19:35]>> And you used to be married to him, correct?

[00:19:36]>> Yes.

[00:19:37]>> Okay. And you separated back in 2023.

[00:19:41]>> Um, >> let let me rephrase that. You were divorced back in 2023.

[00:19:45]>> 2024.

[00:19:46]December 2024.

[00:19:48]>> Right. Okay.

[00:19:49]>> It was finalized.

[00:19:50]>> Yes, you're right. Thank you for clarifying that. Um, do you recall how much he was making per month at the time you graduated?

[00:19:56]>> He said he was making about 20 to 25,000 a month.

[00:20:01]>> Okay. And so more than you, right?

[00:20:04]>> Much more.

[00:20:05]>> Okay. And has he made any recent purchases?

[00:20:09]>> Yes, he's relevant.

[00:20:12]>> Um, what's the relevance? Your honor, she brought she called my client's income into question, implying that she can afford to receive these payments late. I guess um I think it's relevant uh to for us to show that Mr. SC has the ability to pay on time. He just is choosing not to.

[00:20:28]>> Okay. When Well, you said recent purchases. Um that could be anything. That could be gas.

[00:20:36]>> Okay. Go ahead.

[00:20:38]>> Has Mr. Sykes purchased expensive vehicles recently? Yes.

[00:20:42]>> Objection. Speculation.

[00:20:45]>> Um, would you like to take her on divor?

[00:20:48]>> Yes.

[00:20:49]>> Go ahead, >> ma'am. You agree with me that you've been divorced from my client for over a year now. Correct.

[00:20:58]>> That's correct.

[00:20:58]>> You don't you're not privy to his finances anymore. Correct.

[00:21:01]>> That's correct.

[00:21:02]>> You don't go with him to um look at vehicles or or visit car lots. Is that correct?

[00:21:09]>> That's correct. You weren't there if he were to purchase the vehicle while he was signing the paperwork. Correct.

[00:21:14]>> Correct.

[00:21:15]>> So, you actually have no knowledge regarding how much a vehicle that he purchased would have cost? Correct.

[00:21:20]>> Correct.

[00:21:22]>> Nothing further.

[00:21:23]>> Y if I could ask one followup question.

[00:21:25]>> Um, go ahead.

[00:21:28]>> Has Mr. Science told you about purchases that he's made?

[00:21:32]>> Um, my daughter and Mr. Science have told me about two vehicles. objection hearsay as to what her daughter has told her >> sustained. Um >> sorry, >> you have one more question on the Go ahead.

[00:21:45]>> With regard to what Mr. Science has told you, what has he told you about the vehicles he purchased?

[00:21:49]>> Yes. Um, he told me that his second luxury vehicle he purchased was a gift, a client gift in exchange for work and that the client was unable to pay a past invoice and so gave him his Porsche.

[00:22:09]>> Okay. So, Mr. Sites is driving a Porsche around, but he can't seem to make his child support payments on time >> and a Ranger break. Yes, >> a passion responsive. So um nonresponsive sustained to non-responsive and overruled as to the um relevance.

[00:22:29]All right. Anything?

[00:22:31]>> Okay. Anything further from this witness?

[00:22:34]>> No, judge. Thank you.

[00:22:35]>> Okay. Ma'am, you may return to your seat.

[00:22:38]>> Thank you.

[00:22:38]>> You're welcome. Council, you may call your next witness.

[00:22:40]>> I'm going to call myself.

[00:22:42]>> All right. You may proceed.

[00:22:43]>> Um I'm a licensed attorney. stipulate to opposing council's qualifications.

[00:22:49]>> Okay.

[00:22:50]>> Um your honor, I've submitted what I have March's mom's exhibit for which is um copies of our attorney key invoices in connection with this case.

[00:23:05]Uh we've had several um exhibit conferences in this case. I think two exactly. Um, I did I did amend my pleadings after Miss Sites sent her letter. Um, because Miss Sites was making the argument that her client I I think essentially she's making the argument that as long as her client pays the child support, it doesn't matter when he pays it, he can pay it late if he wants as long as my client gets the money. And I disagree with that argument, your honor. And so I amended my petition to include case law that supports the fact that even if Mr. Sykes pays, it's not okay that he's paying late. The courts >> objection, your honor, I don't know how this goes to the I don't know how this is relevant to the attorney's fees. It's more like oral argument >> sustain.

[00:23:57]>> The point I was trying to make, your honor, is that I had to do research and so that increased the costs. Um, we did have to amend our pleading because of it. Um, we did have to serve Mr. SC twice in this case. Uh, to date, not counting today, my client has incurred attorney's fees and costs in the amount of $8,563.

[00:24:18]We're asking that the court um, grant a judgment against Mr. Sites in favor of my client for that amount of fees. I'll pass it with the char.

[00:24:29]>> Thank you. Any questions for attorney Berlin?

[00:24:33]>> No.

[00:24:34]>> Okay. Would you rest?

[00:24:37]>> Uh, I do, your honor, if I have any time left, I'll reserve that cross examination.

[00:24:40]>> All right. You have 7 minutes and 15 seconds left. Council, you have 4 minutes and 18 seconds left. You may call your first witness.

[00:24:47]>> Yes. Thank you, Judge. I'll call my client, Justin.

[00:24:50]>> Okay.

[00:24:53]>> Mr. Sites, just pull the microphone close to your mouth.

[00:25:04]And whenever you're ready to proceed, council.

[00:25:09]All right, Tristan, I want to quickly address um a few things that were testified to. Um did you tell Miss Seats that or sites that you uh that she can take you to court if she wants to receive her child support payments on time or anything to that effect? No, I said she could contact her attorney to contact you.

[00:25:28]>> Um, do you receive paychecks?

[00:25:30]>> I do not.

[00:25:31]>> Okay. Um, and there was an there is an allegation or there was testimony that you paid late after even after this enforcement was filed. Do you recall that?

[00:25:42]>> I do.

[00:25:43]>> And why is that?

[00:25:44]>> Uh, because I was coming up with the money to pay the original this case.

[00:25:48]>> Um, have you been making your child support payments every month?

[00:25:52]>> Yes. And you acknowledge that your payments are sometimes a few days after the first.

[00:25:58]>> That's correct.

[00:25:59]>> Okay. Now, let's talk about um what when you're paying child support versus when it's reflected on the OAG report. My understanding is that there's a discrepancy there. Can you please explain that to the court?

[00:26:14]>> There is the OAG uh reports the payment process um a minimum of 5 days after the payment is actually made. So if I make a payment on the 1st, every month it's going to show the earliest on the OE account as being paid on the 6th. There is no direct correlation between the day that I pay and the day that it's shown on the on the O account.

[00:26:34]>> And is that substantiated by the evidence that has already been pre-mitted into court today?

[00:26:39]>> Absolutely. All of my my payments show that correlation.

[00:26:42]>> Did you pay May child support yet?

[00:26:44]>> Yes, on the perks.

[00:26:45]>> Okay. And again, as we said here on May 4th, it is not reflected on the OAG's financial activity report. Is that correct?

[00:26:52]>> Correct. It will not be reflected until at least the sixth.

[00:26:55]>> That's standard.

[00:26:56]>> As we sit here today, are you behind on child support?

[00:26:59]>> I am not.

[00:27:00]>> Okay. Do you believe that you are actually ahead as we sit here today?

[00:27:03]>> I believe so.

[00:27:04]>> Do you believe that once the direct um payment affidavit that Miss Sides has completed is submitted to the OG that will actually show that you've significantly overpaid in childare?

[00:27:14]>> I don't believe so.

[00:27:16]>> Have you ever been more than 30 days behind?

[00:27:18]>> I have. Yes. And when was that?

[00:27:21]>> Uh that was February of 2026.

[00:27:24]>> You understand there's an allegation that you were more than 30 days behind in September of 2025?

[00:27:30]>> I was not. I made the payment on September 30th and it did not record until the following month.

[00:27:34]>> And again, your bank statements reflect the timing of that. Correct.

[00:27:38]>> Okay. Um when did you make that February 2026 payment?

[00:27:42]>> I made it on March 1st along with the payment for March. So I made both at the same time. Okay. And do you recall what date that you made that double payment for? February and March of 2026.

[00:27:53]>> On March 1st and it reflected payment, I think either on the 6th or the 8th because of that OA delay I was speaking to.

[00:28:00]>> Um, just to give an example of this, if you look at tab four of the binder in front of you, exhibit F4, go five pages from the back for me.

[00:28:19]Are these snapshots from your bank statement? Right.

[00:28:22]>> And she alleges that you paid the September 2025 payment over a month late. Correct.

[00:28:30]>> Correct.

[00:28:30]>> And when did that payment leave your bank account according to your statement?

[00:28:35]>> It my bank account September 13th. So even if you were to pay on the first of the month each month, you believe that she still would not receive it for approximately 5 days?

[00:28:46]>> I am certain that's correct.

[00:28:47]>> Okay. Why have you not paid child support exactly on the first day of the month every month?

[00:28:52]>> I am still an employee and my cash flow is not steady. I don't take a typical paycheck and so I make the payments. I do have the funds on a monthly basis uh to do so and it's my first priority when I receive those funds. Do you intend to pay every month?

[00:29:07]>> I do.

[00:29:08]>> Have you tried to stay current? I >> Yes, I have.

[00:29:11]>> Are you taking steps to ensure earlier payments going forward?

[00:29:14]>> Yes, ma'am.

[00:29:15]>> Are you refusing to pay child support?

[00:29:17]>> I am not.

[00:29:19]>> Ask the witness.

[00:29:20]>> All right.

[00:29:23]>> Cross.

[00:29:24]>> Thank Mr. Sites. U you just testified that the September of 2025 payment that you made it, it came out on the 30th. Is that right?

[00:29:34]>> That's correct. Okay. And when was it due?

[00:29:38]>> It was due on September 1st. Okay.

[00:29:40]>> So, it was it was paid 29 days late.

[00:29:44]>> It was due on September 1st.

[00:29:46]>> And you paid it 29 days late, correct?

[00:29:49]>> I paid it on September 30th.

[00:29:51]>> Okay. 29 days late. Correct.

[00:29:53]>> I paid it on September 30th.

[00:29:55]>> Okay. Is that Is that hard for you to admit that it was paid 29 days late?

[00:29:59]>> No, it's not >> because it it it's due September 1st. Uh but based on our our decree, it's not technically in default until after 30 days after the first.

[00:30:10]>> Okay. Um so you think that that date that says you have to pay it on the first of each month. You think that doesn't apply to me. Correct.

[00:30:18]>> That's incorrect.

[00:30:19]>> Okay. Um the rules don't apply to you, but they apply to everyone else.

[00:30:23]>> Objection. Argumentative.

[00:30:25]>> So stay. If you you're it's your impression that you can't violate the order as long as you're not more than 30 days late.

[00:30:33]Correct.

[00:30:34]>> Objection, argumentative, sustain, rephrase.

[00:30:38]>> Is it your position that you can't violate the order if as long as you're paying within 30 days of the due date?

[00:30:44]>> That is not my position.

[00:30:46]>> Okay. Um now you you've seen our bleeding, correct?

[00:30:54]>> Yes. Um there's several violations in particular 7 through 15 where we've alleged that you paid more than 5 days late. You aware of that?

[00:31:06]>> Yes.

[00:31:06]>> Okay. And so the issue that you're raising in relation to when the OA processes the payments, how long it takes them to post the payments doesn't apply to those violations, does it?

[00:31:20]The dates that you're showing are still minimum 5 days after the date actually made. May I first turn?

[00:31:28]>> Yes.

[00:31:35]>> Want to show you our violations here that we have in our amended petition 7 through Let's look at 7 through 14.

[00:31:42]Payments were due on the first of each each of those months. Correct.

[00:31:47]>> Correct. Okay. And in June of 2025, the payment was made on June 11.

[00:31:53]>> Is that what the O reflex?

[00:31:56]>> Do you have my exhibit mom's three in front of you?

[00:32:06]>> Do you have moms too? Actually, mom's two.

[00:32:09]>> I don't have any of this.

[00:32:11]>> Should be in that staff to your right.

[00:32:14]Should be one that's marked. Mom, exhibit two.

[00:32:16]602.

[00:32:18]>> Would you agree that this reflects when the payments were posted?

[00:32:22]>> This reflects when they were posted, but not when they're made. Okay.

[00:32:25]>> If it takes 5 days, like you said, >> minimum 5 days.

[00:32:29]>> Okay. Would you agree that violations 7 through 14 show that you paid there was more than five for this? Those payments were more than 5 days late.

[00:32:40]Correct.

[00:32:41]>> That's correct.

[00:32:43]>> And my clients told you about this issue. Correct.

[00:32:46]>> Um, we have discussed it.

[00:32:48]>> Okay. And she did she make it aware make you aware that this is affecting her ability to pay her bills?

[00:32:54]>> She made me aware that it affected her ability to go on a girl's trip.

[00:32:57]>> Objection nonresponsive.

[00:32:58]>> The same.

[00:32:59]>> Did she make you aware that this affects her ability to pay her bills?

[00:33:02]>> Uh, she did not.

[00:33:04]>> Okay. Um, and your response to her was that she needed to file an attorney?

[00:33:08]>> This can be handled through our attorneys.

[00:33:10]>> Okay. So you you told her to seek out legal representation for this issue.

[00:33:15]>> I did.

[00:33:16]>> And she did that. Correct. Correct.

[00:33:17]>> And that's why we're here today.

[00:33:19]>> That is not why we're here.

[00:33:21]>> I'll pass it with >> Okay.

[00:33:24]Council, you have 7 seconds left.

[00:33:28]>> Um I was just going to call myself for attorney's fees quickly.

[00:33:32]>> Go ahead.

[00:33:32]>> Okay. Um my name is Lexi Limbball. I'm an attorney licensed to practice law in the state of Texas.

[00:33:37]>> I'll stipulate the qualification.

[00:33:39]>> Okay. Um, attorney's fees and costs incurred by my client attribute attributable to this matter total $4,46.

[00:33:47]This does not include the preparation for an attendance at today's hearing, which is an additional $1,125 based upon 3 hours of my time here today. I'm requesting $5,000 in fees. I included All right.

[00:34:16]Yes, I signed it. Thank you, sir. You may return to your seat. Um, the affidavit of direct payments, let me just make sure my math is correct.

[00:34:25]$17,711.

[00:34:29]>> Um, your honor, ours, I think, is a little bit less than that. Ours goes $12,444.

[00:34:37]12,000 >> 44453.

[00:34:43]>> Is that reflected now on the OAG payment record?

[00:34:49]>> It is not.

[00:34:50]>> So I understand that is >> that makes a difference. Um, >> and I think if we're looking at Miss Lindall's F3, >> let me pull that one up.

[00:35:10]>> It shows the credits.

[00:35:16]>> So, um, >> I see $11,000 um, collection. Well, it's actually three collections there. October 5th, October 17th, and October the 22nd for about the amount that you said, council.

[00:35:30]>> Correct. Um, and your honor, what I'm looking at is that it shows that there's a payment of September 9th, 2024.

[00:35:39]Um, and then on the financial activity report, it there's not showing a transaction for September.

[00:35:47]So, there are transactions that are reflected on both parties direct payment affidavits that are not reflected in the OG payment log.

[00:35:55]>> I think that's because the the order the child support didn't start until November 1st of 2024. Mhm.

[00:36:02]>> So the direct payments wouldn't be on here >> that were before that.

[00:36:07]>> Right. So there's been payments made that are not reconciled with the OG and yet the OA is only showing that he's one payment behind. He did make that payment for it's just hasn't shown yet because of the delay.

[00:36:19]>> Right. And and >> I think those sorry um I think the September payments were in relation to the temporary order that was in place at time in the divorce case.

[00:36:29]So, what I'm looking at, the order says that the child support payments were supposed to start on November 1st, 2024.

[00:36:37]So, if there was a temporary order, anything made prior to that will be for the temporary order.

[00:36:43]>> Correct.

[00:36:44]>> Yes.

[00:36:44]>> All right.

[00:36:46]Um just for example, judge, like there's a um one of the payments like February 2025, for example. Um there was a direct payment made in February 2025. And then if you look at the OAG uh financial activity report, there's no collection showing for that month. So again, it's a direct payment made that is not reflected because um Miss Sites has not submitted this direct payment affidavit or at least we were not aware that it had been submitted until today's testimony.

[00:37:20]>> I will disagree, your honor. I think those those collections were made. It looks like between 106 of 2025 and 10:22 of 25, it looked like they all were um added to the the record at that time all together totally. And this is why I like for the AG to be present because they can reconcile their own um reports because I I cannot say that someone violated an order without knowing for sure if payments have been made that have not been reconciled on here. Because according to this payment record that I'm looking at, father's exhibit 3, he would only be behind one month and it would be consistent with his testimony as of the May payment not being reflected on here.

[00:38:18]And I believe I need that. In terms of holding father in contempt, I can't hold him in contempt at all. Um the rule is very straightforward about if for child support if you're seeking to hold someone in contempt, it must not only show the amount paid, it must I mean it must not only show the amount due, it must also reflect the amount paid if any. And in the motion, the violation doesn't specify um the amount paid by respondent. It just said that his um child support payment was due and he failed to timely pay the court. In order to hold him in contempt, I would have to know what he paid if anything. So, if he made the payment of $1,779 or something less than that, the motion has spec has to specifically cite that.

[00:39:12]So, the court can't hold it in contempt.

[00:39:14]However, on the as far as a violation at this point with what I have in front of me, I don't even know if I can hold him in a violation.

[00:39:25]Um, considering that the payment record that I have in front of me is not it it does not contain everything that the court needs for a violation. Because from my purview, what I'm looking at, he seems like he's paying child support timely, monthly.

[00:39:49]>> He is, your honor. And just to clarify, our argument was not that he wasn't paying child support. It's that he's not paying it on the first of each month, which is required by the order.

[00:39:58]>> Well, and here's the thing. The in the attorney general wouldn't even hold him wouldn't even bring a motion to hold him in contempt as long as the payment is made within the month. Although the order says on the first, as long as he makes that payment during the month, he wouldn't be held in contempt. It's not considered untimely unless he spills over into that next month. And to hold him in contempt for the way the agency updates, I just don't think that's right.

[00:40:33]Um, so from what I'm looking at, I can't hold him in contempt or even a violation. Is are there any other payments that are outstanding? I I think the court needs those questions answered before I can even consider if a violation has even taken place and I just don't have it in front of me.

[00:40:53]>> I think there was at least one payment that was made over 30 days late, your honor. Um, that was the recent payment in February.

[00:41:02]Um, I think the testimony was that both parties admitted that that payment was made over 30 days late. Um, believe Mr. submitted that on the stand and my client testified to that as well.

[00:41:14]February is 126.

[00:41:19]>> Okay. Um, I see that >> the your bank statements reflect the timing of that. Correct. When did you make that February 2026 payment? I made it on March 1st along with the payment for March. So, I made both at the same time.

[00:41:35]>> And for the record, your honor, February only has 28 days. And so, he was still within 30 days at that point of when the payment was due. Also, there was testimony that he was paying me attorney's fees to have to defend against this contempt, which was part of the reason for the delay in the payment that month.

[00:41:56]The court is not going to punish someone for substantial compliance.

[00:42:06]No. So, the motion for enforcement is denied.

[00:42:13]Um, each pays their own attorney's fees.

[00:42:19]Thank you all. You're welcome.

[00:42:22]>> You're welcome.

[00:42:34]Chris, did the 10:30 or the >> Yes. Uh I believe both of them showed up.

[00:42:42]>> Okay.

[00:42:43]>> Want to follow me?

[00:42:45]>> You can. We're going to take up the wedding.

[00:42:48]>> Okay.

[00:42:51]>> Thank you, honor. Have a good day.

[00:42:52]>> You're welcome. You too. You're welcome.