Legal Question in Family Law in Texas

First, file an answer to the lawsuit and raise the affirmative defenses allowed by section 157.008 of the Texas Family Code. Perhaps someone at legal aid can help you draw up the paper.

Second, let the court know that you cannot afford an attorney. Because the child support enforcement action has a possibility of jail time attached to it, the court will appoint a free attorney to represent you for just the child support part (not the custody part).

Third, exercise your visitation. Go to where you are supposed to pick the child up and the time you are supposed to be there and bring a certified copy of your decree with you. When she refuses you, call the police and have them make a note of the refusal. (They will not force her to turn the child over.)

Fourth, once you have enough of these denials, the police will refer the case to the DA for criminal prosecution against your ex for criminal interference with custody. If you could afford an attorney, I'd hire one to file a motion to enforce the child visitation schedule.

Finally, but very importantly, pay some child support. Pay as much as you can. Skip meals, get behind on your car payment, cancel your cell phone, stop smoking, etc. And let the court know that you all but shut your life down in order to pay your support. You may not be able to pay it all, but I can tell you that there is a world of difference between someone who pays something, until it hurts, or pays nothing. People who pay nothing go to jail. When you go to court, be prepared to tell the judge IN DETAIL what you have been doing to find work. Make sure any child support payments that you do make are sent to the AG--do not pay her directly.

Good luck!!