Legal Question in Family Law in Texas
Child Support- Visitation
My ex-husband who has never paid child support in over 8 years, is now remarried and has his own subcontracting business. He does not pay me child support or see our daughter, what are my rights if he decides to try and see her. Our divorce decree stated supervised visitation in my mothers home on the 1-3-5 Saturday from 1-4pm till age 18. Can I just leave it so that he stays out of our lives? Since he is now married, and may file an income tax return what could I do to get some type of back child support if he is to try to come back in our lives?
2 Answers from Attorneys
Re: Child Support- Visitation
I would recommend either contacting the attorney general's office, contacting an attorney to start a motion to enforce child support, or legally try to terminate his parental rights. If you do not have the money to hire an attorney, then I would definitely advise you to contact the Attorney General's Child Support Division asap.
Re: Child Support- Visitation
Child support and possession are two distinct issues and you cannot base your compliance with one on his compliance with the other.
As to child support, you can file a motion for enforcement and possibly be awarded back child support and attorneys fees. If he does not pay, he could be held in contempt and jailed.
If he cannot pay, then he may be able to avoid contempt. If he is self-employed, then he is likely to have to pay.
As to possession, the current possession order stands until modified, including the supervised visitation. If he attempts to modify to establish normal possession, then you will have to present the facts that caused it to be supervised originally. Unless there is abuse or something dangerous to the child involved, he could possibly expand his possession; it all depends upon the facts of the case. Where a parent has not seen a child for a long time, most judges will not force immediate and lengthy possession with a child until the parent and child have an opportunity to become comfortable with one another. Your atttorney can help you to develop this case so as to maximize any discomfort for your daughter.