Mr. Conklin’s legal representative revealed through the testimony of the non-custodial parent (NCP), James W. Conklin, that he was divorced from the custodial parent (CP), Kathleen Conklin, in 1989 in the Circuit Court of Madison County. He stated that the documentation presented as Conklin Exhibit 5-Payment Record Letter from the Common Wealth of Virginia Department of Social Service Division of Child Support Enforcement shows as of May 10, 2004 on the NCP’s account the amount of arrears, a record of payments, and charges. The document indicates that the NCP was behind $3,548.49 as of May 10, 2004; the NCP was paying child support. The youngest child was Jason, date of birth May 7, 1985; by May 10, 2004, he reached the age of 19. The…show more content… They are the only receipts that the NCP could locate totaling $6,800.00. The NCP stated besides the money orders, cash payments were made at other times to the CP; he helped any way he could, the fastest way. The NCP stated he has not appeared before any court in Virginia regarding child support and there has been no judgment of child support rendered against him by any court. The legal representative stated that this is all the testimony for the NCP at this time.
Madison County DHR’s representative commented that they had no record of payments that the NCP took upon himself to pay directly to the CP. Also stated they assume that Virginia does not have a record of the payments, because the payments are not on Virginia’s payment history. As far as the income tax refund, DHR has all those incorporated the spreadsheet. The representative stated this is an Alabama order, it was sent to Virginia to collect for the State of Alabama and the CP. The representative stated Virginia did not inform Alabama that they closed the case. It is an Alabama order and it is enforceable.
Madison County DHR revealed that the only testimony they have is the spreadsheet. The representative stated that credit needed to be given to the NCP for those payments that he made without DHR’s knowledge. She stated DHR has no issue in adjusting the payments with