Legal Question in Family Law in Texas
My 2 kids live in Texas with my ex-wife. Recently I have lost my job and am currently looking for work but have been unable to keep up with my support payments. I was contacted by the mother and she insisted I sign papers to grant her approval to gain passports for the kids so she can move them out of the country. When I refused she told me she would sue me for sole custody and since I owe support I would go to jail and I would never see the kids again. She has constantly asked the courts for more money and been granted it and I have fallen behind drastically. She will not let me see the kids because I can't pay and she has gone against the custody order many times in the past. She constantly contacts me and she requests more money because she can't pay her bills, but I cant pay mine either because the state took half my pay and have taken all my money from my bank account. I can't afford to visit the kids, nor hire a lawyer to fight her in court, and she knows this. Please advise. Thank you.
1 Answer from Attorneys
Number one: Don't do anything because of threats that she makes. Don't let yourself be bullied.
Number two: Start DOCUMENTING her refusal to allow your visitation (your visitation rights are NOT contingent on you paying child support). Keep a log somewhere - dates and times - something like this:
"December 2, 2011 (Friday) - went to pick up the children; arrived at XW's house at 1755, knocked on the door; lights were out, but two cars were in the driveway (tan Toyota Tundra and white Buick LeSabre). Waited until 1810, left. Taped a note to the door."
Number three: Get into the habit of communicating with her IN WRITING. Paper. Mail. 44-cent stamps. Write to her, DATE the letter, and always keep a copy for your file. Not text messages, not cel phone calls, not emails.
"Dear Sandra, I will arrive at your house at 6:00 pm on December 16, 2011 to pick up the children for my part of the Christmas holidays, in accordance with the court order. Please have them ready to go."
Number four: If the current court order for child support is out of touch with reality - if you aren't making as much money as you were when the order was signed - file a motion for modification (to reduce your child support). This will require you to hire a lawyer, but believe me, it is money well spent. The child support obligation is the most enforceable obligation in the U.S. - people sometimes go to jail for not paying.
Number five: If she "requests more money because she can't pay her bills," just say NO.
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