Legal Question in Family Law in Texas
How is the crime of bigamy treated in Texas
My ex-husband is threatening to take me to court to have his past-due child support amount lowered or thrown out. He owes approx $40,000.00. He agreed to a higher child support amount because he married someone else and wanted me to keep quiet. He got married in May 1998 and I divorced him in October 1998. Can he still be prosecuted for bigamy even though we are divorced now?
3 Answers from Attorneys
Re: How is the crime of bigamy treated in Texas
First, if all the bigamists (So don't hold your breath and expect the State to prosecute him for bigamy!) were prosecuted, the jails would be full. You would be amazed at the number of folks that like to get married but rarely get divorced!
It sounds like he is attempting to intimiate you into agreeing to what he wants. You need to be advised to what your legal rights actually are.
I would highly recommend that you get a certified copy of your lastest court order and go see an attorney to determine your legal rights.
It is possible that you need to file contempt on this guy if he is behind in his child support. Be advised, that you can ask that he pay your attorney's fees for the cost of being "forced" to bring this lawsuit so that he will be in compliance of this court order.
He can, at any time, ask that his child support be decreased but it does not apply to past-due child support.
Additionally, you need to read the last court decree. Many times interest accrues on the past due child support -- usually at 12% per annum -- you'd be surprised how this adds up.
FYI: A court cannot throw out his past due child support. It is not dischargable through bankruptcy. It survives the kid turning 18.
I know of men that pay their child support with their social security checks!
In summary, quit talking to this guy and get some legal advise. The attorney general's office may be able to assist you if money is a problem. Some courts have "a friend of the court" (each court may be a different technical name but they are similar in function) that will file contempt on him free of charge.
Best of luck.
If you live in the Houston area, please feel free to give me a call. 713-847-6000.
Re: How is the crime of bigamy treated in Texas
Past-due child support cannot be lowered or thrown out. I don't know the answer to your bigamy question - I think you'd need to speak with a prosecutor.
Re: How is the crime of bigamy treated in Texas
An interesting threat. Courts in Texas cannot lower or throw out child support accrued in the past. They also have no power to delete interest and in Texas that is 12%. depending on the age of your child/children you can use the threat of jail to make him pay. You also have a federal case since the past due support is more than 10K. You need to talk to a lawyer. If you are in the Dallas Ft Worth area feel free to call 817 8210945