Legal Question in Family Law in Texas
Child Support
My fiance's divorce was final on January 4, 2005, in the decree it states that he was to pay the child support through the state. In the hall after court the ex's attorney told my fiance, you just write her a check for the cs and then give her a check every week, so that's what he has been doing. She moved 4 hours away and agreed to decrease the payments to allow for the gas money to go get the kids. She quit her job and applied for financial assistance and told the state that she has never recieved and financial assistance, and since my fiance was paying directly to her there is no proof except for a few returned checks which she is claiming was just random gifts not support! They say he owes $11,000 or he goes to jail. We are broke and have had one of our vehicles repo'd because we couldnt afford it due to the child support which was based on a job where my finace was self employed and made alot, he does'nt make near that much now but still paid the $700 a month cs, now he is being forced to pay it again or jail time. What do we do? We have no proof that all $11,000 has already been paid to her. What can he do to stay out of jail? We have no credit, can not get a loan, we have no family support.
1 Answer from Attorneys
Re: Child Support
I suppose he knows that he has been foolish. He needs to complete an affidavit of indigency, and advise the court that he has no funds, and ask for a court-appointed lawyer. That attorney might be able to help him.