Legal Question in Family Law in Texas
arrears - jail time
My husband is in jail for contempt to pay child support. He told me that the arrears will be taken care of by time served. I don't believe this. His ex filed for back child support from the date of birth for BOTH children. The oldest is 15, and the youngest is 12. My understanding is that he has been paying monthly, but she's pushing for the arrearage. The original cause was filed in 1997, and the second was in Aug. 2003.
Please advise.
1 Answer from Attorneys
Re: arrears - jail time
No interest on the money owed will accrue while he's in jail.
He also cannot be charged with contempt on any new monies owed while he's in jail.
Generally speaking, he was sent to jail for failing to obey a court order.
Jail does not negate the child support owed.
Good luck!
Fran Brochstein
www.familylaw4u.com