Legal Question in Family Law in Texas

Child Support Game

I have called the Atty Gen every month for 3 years to help collect arrearages from my ex-husband. They have never found him to garnish wages unless I could find out where he worked. He is $25k behind, hasn't worked so he couldn't be found, and, now that he knows child support can be modified, he's purposely keeping a job for a few months (stability?). Is it normal that he can work 2-3 jobs in 4 years' time, thus taking lesser jobs, to decrease his child support? How do judges view this? How is it proven other than the fact that he went for almost 3 years with no payments other than 1 garnishment?


Asked on 3/31/01, 11:18 pm

2 Answers from Attorneys

Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Child Support Game

As good as the A.G. office works, it is slow because of the enormous caseload it has. The only faster way of trying to get you past due child support is to hire a private attorney to bring a motion to compel and contempt against your former husband. The courts do not take kindly to individuals who purposefully keep themselves unemployed or underemployed in an attempt to resist child support payments. Therefore, depending on where you live, I would certainly contact an attorney who deals with family matters.

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Answered on 6/05/01, 12:18 pm
Fran Brochstein Attorney & Mediator

Re: Child Support Game

Your husband owes whatever he was ordered to pay in child support. If he feels the monthly amount is too high, he had the option to ask for a modification. The A. G. will collect past due support plus interest. This money can (and probably will) continue after the child turns 18.

Your husband is in contempt of Court. The cost to file a contempt action in Harris County, Texas not much money and you can ask that he pay your attorney's fees too.

If you live in the Houston area, please feel free to contact me.

Fran Brochsein

713-847-6000

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Answered on 6/05/01, 10:26 pm


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