Legal Question in Family Law in Texas
deadbeat mom
I have custody of my 3 children. My ex-wife was ordered to pay only $400 a month child support. She is now behind $6,000. She has been remarried, and lives a nice lifestyle. She takes trips to Jamaica, Carribean Cruises, and enjoys living off her new husband. I have gone through the Attorney General with little help. She has even gone to attorneys to have documents drawn up that she should not be prosecuted due to unemployment. I know she has no intention of working. What can I do legally that won't cost me lots of legal fees. Also, is the new husband liable if she continues not to work. Please give me some ideas.
2 Answers from Attorneys
Re: deadbeat mom
I assume that you both live in Texas and that you live in the county where the original order was signed. If either of those assumptions are not correct, then my answer would be a little different.
First, she could be required to pay CURRENT child support based on her income OR her earnings capacity. For example, if she has the training or education to hold a $30,000 per year job, then the judge could find that she was intentionally unemployed and order payments based on that amount. The earnings of her new husband cannot be used, regardless of the amount of them.
As to the PAST DUE child support, there are several things that you can do. If she has the ability to pay then she can be held in contempt and ordered to jail until she pays. If her lifestyle is as you describe, then that should not be hard to do. Also, you can put a lien against all of her property (except homestead) including any bank accounts that she might have. She will not be able to sell the property or withdraw funds until you are repaid.
If you cannot hire an attorney, then you might want to contact your local bar association for the name of a legal aid organization or an attorney who gives "pro bono (free) legal services to those who cannot pay for an attorney.
If you live in the Austin area, I would be glad to set up an appointment to visit with you. Please call.
Re: deadbeat mom
Six points:
1. What you should do is cite her for contempt of court and let her explain this to the judge.
2. You should consider filing a child support lien.
3. New husband's assets and income are not available for her child support although there may be some ways around that.
4. I don't under stand the procedural context of this point: "She has even gone to attorneys to have documents drawn up that she should not be prosecuted due to unemployment."
5. AG's office tries, but they are overwhelmed with cases.
6. You may wish to purchase my book, "How to Collect Child Support in Texas," available online through amazon.
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