Legal Question in Family Law in Texas

Child Support Arrearages

My questions deals with back child support. My brother was apprehended for failing to appear for a support hearing. A warrant was issued out of Lubbock for his arrest. Upon contacting the sheriff's dept. I was informed that he was being held on an 8500.00 bond, which would have to be paid in full for his release. I was shocked to learn that he pays 300.00 a month for a child that is currently 20 years of age. Additionally, I was floored when my sister-in-law informed me that he pays more in interest than he does in support. I am not the wisest of individuals, but it appears to me that if you detain a parent, who in fact is paying support and attempting to get caught up on back support, then loses his/her only source of income due to incarceration, there are no winners here. What does the law say in regards to arrearages, the amount of interest that can be ''legally'' assessed against an individual, but most importantly, how does the law deal with a supporting parent losing his/her job due to incarceration? Truly I am dumbfounded!


Asked on 1/26/02, 2:16 pm

1 Answer from Attorneys
Stephanie T. Shipp Shipplaw

Re: Child Support Arrearages

I can't tell you how common this state of affairs is. And there are many possible reasons why your brother's situation is as it is. First of all, if he owes arrearages, he will have to continue to pay them even after the child reaches the age of majority. Normally,the support orders are written so as to order the payor to continue to pay the same amount until the arreages are paid off.

The part of the support laws that i find the most horrifying is the fact that the Attorney General has the power to raise the amount owed on the arreages without court approval and without notice and hearing - through what is called an administrative writ of withholding. I have had several clients who have come to me mystified about how their support payments were raised from, for example $400.00 per month to $700.00. The interest rate used to be 12% but was recently lowered to 6%. Your brother might try to get the interest on his arrearages lowered. The judges in the IV-D child support courts here in Houston have indicated a willingness to do so under some circumstances.

I would advise you to seek legal counsel for your brother.

Best of Luck

Stephanie T. Shipp

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Answered on 1/27/02, 10:48 pm


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