Legal Question in Family Law in Texas

Child Support issue

Three years ago my ex-husband left me for another woman. I was unable to support our five childrens, so the 3 that are still under age are living with my ex.(the other 2 are living on thier own). At the time of the divorce I was not asked to pay any child support. I have since remarried and have not been able to work. I suffered have panic disorder, bi-polar, and phobias which prevent me from driving. My ex husband has just wrote and told me if I didn't start giving him money he would take me to court and get money from me even though I am not working. My new husband has added me to his savings and checking account and what I want to know is can the courts or anyone else put a lean on these accounts? Can they put me in jail for not working? And is there anyway that they can touch my new husband's income andor property? Thank you for any help you can give me.


Asked on 4/08/98, 12:29 pm

1 Answer from Attorneys

T. Wade Christiansen T. Wade Christiansen, Attorney at Law

Your questions regarding child support obligation

Since you have not been ordered to pay child support, your ex- husband will not be able to simply place a lien on any account in your name. Rather, he will need to formally seek a modification of the previous order, asking the Court to order you to pay child support. Since you are not working and have no income, it is unlikely that you will be ordered to pay child support, and the Court is not permitted to order child support out of your new spouse's income. Sometimes, the Court will order payment of child support even when the person is not working, but generally only where it is shown that the person is intentionally unemployed or underemployed. If your ex-hustand seeks to have you ordered to pay child support, you need to be sure you can clearly establish that you are unable to work. Finally, I do not believe the Court can put you in jail for failing to work, so you can rest assured in that area. If your ex-husband pursues legal action, I would suggest you contact an attorney in your geographical area.

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Answered on 4/20/98, 11:58 pm


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