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Man Bounces Check To State; Ex-Wife Must Pay

State Rescinds Child Support Check

POSTED: Friday, August 26, 2005
UPDATED: 10:03 pm CDT August 26, 2005

A check in the mail was welcome news to a Houston-area mother who was owed months of back-child support, but the state soon took back the money because of a Texas law, the Local 2 Troubleshooters reported Friday.

It's been nearly seven months since Andy Bourque paid child support for his two children, the station reported.

"It drives me crazy because I think that he should have to pay for his children, too," ex-wife Alicia Bourque said.

She finally got some relief last month. The Texas Attorney General's Office deposited nearly $2,500 directly into her account, which was payment for the owed child support.

"It's school time. I had to buy school clothes, so I went and bought school clothes," Alicia Bourque said.

But two weeks later, she got startling news in the mail.

"The attorney general sent me a letter. I freaked out and I'm, like, 'great, I have to pay the money back,'" she said.

The letter stated that Alicia Bourque needed to "return the amount within 30 days" because the check her ex-husband wrote to the attorney general's office not only bounced -- it was written on a closed account.

"He's the one that wrote the check. Why am I the one that has to make it good?" Alicia Bourque said.

The Local 2 Troubleshooters wondered the same thing. As it turned out, her dilemma is a cautionary tale for everyone owed child support. State law dictates that it is her responsibility to return the money.

Alicia Bourque is not alone. If your ex writes the state a bad check, you have to pay up.

The attorney general's office released the following statement.

"We regret the hardship this father has created for his family. But we must follow the law to recover the funds (for the taxpayer)."

However, since Local 2 started asking questions, the Attorney General's Office said it would work with Alicia Bourque to repay the money by "deducting a portion from future payments" made by her ex-husband.

The Troubleshooters tracked down Andy Bourque.

"We want to talk to you about your child support payment to your ex wife," Local 2's Robert Arnold said. "Can you tell us why you wrote a bad check on an account that's closed to pay your back support?"

He did not answer Local 2's questions, but he will soon have to answer to the law.

"They say they are going to turn it over to the Harris County district attorney and actively pursue him," Alicia Bourque said.

After the Local 2 investigation, the attorney general's office now wants to take over Bourque's case.

He is due in court later this month.

Alicia Bourque said she just wants her children's father to live up to his obligations.

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