Legal Question in Family Law in Texas
Back Child Support
I am wanting to know what happens when they serve you to go to court for back child support payments and you dont have a job and hadnt had one for over a year, do they put you in jail and keep you and for how long if they do, what it is they havent been able to serve him yet but they will or i guess they will he is not hiding out i guess they just keep missing him but he doesnt have the money to pay the child support and so far no jobs here but if he was to find a job he would go to jail for none payment then he would lose it. The mother has never let him the child unless she needs a sitter. Any way what would they do keep in jail for awhile or what? I know he needs to help her but he cant if hes in jail. Thank You
1 Answer from Attorneys
Re: Back Child Support
I assume the TX A G is after him.
It is the policy of the State of Texas for all parents to support their children. Being unemployed is not an excuse.
If the mother has received federal or state support, then the Texas Attorney General's office is very aggressive since taxpayers are paying to support his children.
You are correct that he cannot pay if he is in jail. However, he is NOT in jail and he is not paying.
The lack of visitation is a problem. However, it does not excuse him from paying child support.
He needs to file contempt on the mother for not allowing visitation.
HER BEHAVIOR WILL NOT IMPACT THE MONEY HE OWES FOR PAST DUE CHILD SUPPORT.
Please be advised that child support is not dischargeable through bankruptcy. In fact, it will continue forever. It will be deducted from his social security payments when he retires!
I strongly urge everyone to pay their child support. If you cannot pay it in full, then make a weekly payment in an attempt to show good faith.
It won't keep you out of jail since you are technically behind but the court will probably be much gentler when they see pages and pages of partial payments!
Lastly, be advised that interest is accruing on this money. Over the years it will add substantially to the money owed.
Good luck!
Fran Brochstein
www.familylaw4u.com
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