Legal Question in Family Law in Texas

My ex husband was ruled by a judge to be "underemploying" himself going from making $150K 4 years ago as a pipeline welder to making $500/week in a buddy's tire shop now. He still has his welding truck, his buddy manages his welding shop and he admits to getting cash on the side. In March of 2013, a year and a half after the judge ordered him to pay $750/month child support (the judge suggested more because he was caught lying in court about his income but I agreed to the lower amount to keep things civil) and reimburse me for health insurance, he contacted the Child Support Office (Paris, TX) to have his payment lowered. They called me to set up a meeting. The day of the meeting my baby was very sick and I could not make it. I called the Child Support Office and asked if we could do it by phone or reschedule. They said they would schedule another meeting so I could attend. Instead, they actually went ahead with the meeting without me. I called the office again. The lady assured me that nothing would be changed without my signature and they would contact me about another meeting. I waited months with no contact from the child support office. I called them again and wad told not to worry. They said again that nothing would change without my signature. My ex kept paying $750/month but never paid any insurance at all. 7 months later, I was served with papers reguarding the meeting that I was not present for. His payment had been reduced to just over $300 and, not only did he not have to provide insurance or reimburse me for my cost, they said he didn't owe me a dime from the previous judgement saying he had to reimburse me for insurance (approx $1500). I called the office again. They said if I didn't like what the papers said my only option was to take him to court. I asked why another meeting was not scheduled and said I was being punished for my child being sick. The woman said she didn't know, take him to court. I was upset but got over it. I accepted that he would not be paying much for a long time but at least he still owed me over $5000 in back child support. Fast forward a year... I log onto my account for the first time in a year to see how far behind be was (he has missed a few payments recently). I discover, instead of still owing me $4000-$5000, he had $0 in arreas. WHAT?! So, I called and had them email me a copy of my payment history. Apparently. though I didn't make the meeting, didn't sign the papers and didn't even see the judgement until 7 months later, they had given him CREDIT for extra payment from the time of the meeting to the actual time that I was served papers. Over $3500 credit. I am so mad. I was told by the Child Support Office not to worry those 7 months that NOTHING WOULD CHANGE without me being served papers OR my signature on those papers. Can they do that? Change what a judge ordered (especially when the ex is found to be "voluntarily underemploying" himself), forgive insurance payments that were never received, dramatically change payment amount without telling me and then give him credit for overpayment for the 7 months before I was served papers? ****additional info- My husband and I are not wealthy. He makes $50K a year working 60 hours a week with a 3 hour commute. I have a hobby business and take care of our 2 year old. Insurance is through my husband's company and costs us over $500/month. My ex works 40/week and says he makes $500 at a tire shop though he admits to still being a welder, also, and getting money from that.


Asked on 9/19/14, 8:56 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I've heard similar stories to you many times. You need to hire an attorney. The TX A G office does this all the time. I'm sure that you have nothing in writing - only verbal phone calls.

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Answered on 9/19/14, 9:16 am


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